SCHEDULE 1Recognition of natural mineral waters
PART IINatural mineral waters extracted from the ground in a country other than an EEA State
1
A person seeking to have a water which is extracted from the ground in a country other than an EEA State recognised as a natural mineral water for the purposes of Article 1 shall make application in writing to the Department, giving the particulars set out in paragraph 2.
2
The particulars to be given are—
a
the particulars in paragraph 1.1 of Section II of Annex I;
b
any other information showing that the requirements in paragraph 1.2 and 1.3 of the said Section II are established in accordance with that Section; and
c
such evidence as is satisfactory to show that the water contains no substance named in column 2 (parameters) of Table B in Schedule 3 opposite any of item numbers 1 to 9 in column 1 of the said Table in an amount, expressed in the unit of measurement specified opposite that substance in column 3 of that Table, which exceeds the maximum concentration specified opposite that substance in column 4 of that Table.
3
In so far as particulars of any of the anions, cations, non-ionised compounds or trace elements specified in column 1 of Schedule 2 are required to be given pursuant to paragraph 2 the concentration of each such anion, cation, non-ionised compound or trace element shall, in those particulars, be expressed in the unit of measurement specified opposite it in column 2 of that Schedule.
4
The Department shall not recognise such a water unless the responsible authority of the country in which the water is extracted has certified that—
a
it is satisfied—
i
that the requirements in paragraph 1.2 and 1.3 of Section II of Annex I are established by analysis in accordance with that Section; and
ii
with the evidence given pursuant to sub-paragraph (c) of paragraph 2; and
b
periodic checks are made to ascertain that—
i
the water is natural mineral water which complies with paragraph 3 of Section I of Annex I;
ii
the characteristics of the water are assessed in accordance with—
aa
the points set out in paragraph (a) of the first unlettered sub-paragraph of paragraph 2 of Section 1 of Annex I;
bb
the requirements and criteria listed in Section II of Annex I; and
cc
recognised scientific methods; and
iii
the provisions of paragraphs 2 and 3 of Annex II are being applied by the person exploiting the spring.
5
Recognition of such a water shall lapse after a period of five years unless the responsible authority of the country in which the water is extracted has renewed the certification required by paragraph 4.
6
The Department shall, on recognising a water in accordance with this Part, publish an announcement of such recognition in the Belfast Gazette.