# The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999, Regulation 4: Recognition as natural mineral water


(1) Water is recognised for the purposes of Article 1 where–
(a) in the case of water extracted from the ground in Great Britain, it is recognised for those purposes by the relevant authority, such recognition having been granted in accordance with Part I of Schedule 1;
(b) in the case of water extracted from the ground in Northern Ireland, it is recognised there for those purposes by a responsible authority of Northern Ireland;
(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 Minister, 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) Northern Ireland; 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 I, 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,
the relevant authority or, as the case may be, the Minister, may withdraw that recognition until such time as the said requirements are met.
(3) Where the relevant authority 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 England or Wales, to the Minister or, in the case of a water extracted from the ground in Scotland, to the Secretary of State for Scotland, for a review of that decision.
(4) Upon an application for review of a decision being made pursuant to paragraph (3) above the Minister or Secretary of State, as the case may be, shall make such inquiry into the matter as may seem to him appropriate, and, having considered the results of that inquiry and any relevant facts elicited by it, shall either confirm the decision or direct the relevant authority 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 relevant authority 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 person who grants or withdraws it shall inform the Commission of the European Community of such grant or withdrawal.
(6) A person who exploits a spring in Great Britain 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 Minister or relevant authority, 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) above “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 1985 , 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.

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Source: https://www.legislation.gov.uk/uksi/1999/1540/regulation/4 (the official version)
Page: https://openlegislation.uk/natural-mineral-water-spring-water-and-bottled-drinking-water-regulations-1999/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.