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.