S.I. No. 461/1998 - European Communities (Natural Mineral Waters) (Amendment) Regulations, 1998


S.I. No. 461 of 1998.

EUROPEAN COMMUNITIES (NATURAL MINERAL WATERS) (AMENDMENT) REGULATIONS, 1998

I, Brian Cowen, Minister for Health and Children, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Directive 96/70/EC of the European Parliament and of the Council of 28 October 1996 1 hereby make the following regulations:

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1. These Regulations may be cited as the European Communities (Natural Mineral Waters) (Amendment) Regulations, 1998.

2. In these Regulations "the Principal Regulations" means the European Communities (Natural Mineral Waters) Regulations, 1986 ( S.I. No. 11 of 1986 ).

3. Regulation 2 of the Principal Regulations is hereby amended by the substitution for paragraph (1) of the following paragraph:

"(1) In these Regulations -

'approved examiner' means such person as may be appointed for the purposes of these Regulations by the Minister;

'authorised officer' means -

(a) an officer of the Minister who is authorised in writing by the Minister, or

(b) an officer of a health board who is authorised in writing by the Chief Executive Officer of the health board,

to be an authorised officer for the purposes of these Regulations;

'the Council Directive' means Council Directive No. 80/777/EEC of 15 July 1980 2, as amended by Directive 96/70/EC of the European Parliament and of the Council of 28 October 1996 1;

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'Member State' means a Member State of the European Community;

'the Minister' means the Minister for Health and Children;

'natural mineral waters' means waters which comply with the provisions of Article 1 of the Council Directive;

'the responsible authority' means the National Standards Authority of Ireland.".

4. The Principal Regulations are hereby amended by the substitution for Regulation 11 of the following Regulation:

"11. (1) A person who fails to comply with the provisions of Regulation 5, 6, 7 or 8 of these Regulations shall be guilty of an offence.

(2) A person guilty of an offence under Regulation 3 of these Regulations or paragraph (1) of this Regulation shall be liable on summary conviction to a fine not exceeding£1,500.

(3) A person guilty of an offence under Regulation 10 of these Regulations shall be liable on summary conviction to a fine not exceeding£1,000.".

5. The Principal Regulations are hereby amended by the substitution for Regulation 13 of the following Regulation:

"13. An offence under these Regulations may be prosecuted by -

(a) the Minister, or

(b) the health board within whose functional area the offence was committed.".

6. Notwithstanding the Principal Regulations (as amended by these Regulations) trade in products placed on the market or labelled before 28 October 1998, and not conforming with Directive 96/70/EC of the European Parliament and of the Council of 28 October 1996 1, may continue until stocks of these products run out.

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GIVEN under my Official Seal, this 4th day of December, 1998.

Brian Cowen, T.D

Minister for Health and Children.

EXPLANATORY NOTE

These Regulations amend the European Communities (Natural Mineral Waters) Regulations, 1986 ( S.I. No. 11 of 1986 ) (the Principal Regulations) and give effect to Directive 96/70/EC of the European Parliament and of the Council of 28 October 1996.

The effect of these Regulations is to update the labelling, treatment and trade requirements for natural mineral waters. New provisions for the treatments, labelling and microbiological requirements, and conditions of exploitation for spring waters are also introduced.

These Regulations should be read together with Council Directive No. 80/777/EEC of 15 July 1980 (as amended).