" (a) any treatment other than  - 


(i) an authorised ozone-enriched air oxidation technique;

(ii) a treatment referred to in sub-paragraph (a) or (d) of Article 4.1; or".

(a)


(i) the water concerned does not comply with the limits in Schedule 6,

(ii) the water concerned was bottled in another EEA State,

(iii) the EEA State concerned had not, at the time of bottling, implemented Article 2(1) of Directive 2003/40,

(iv) the water was bottled prior to 1st January 2006 and at the date of bottling otherwise complied with Directives 80/777, 98/83 and the provisions of Directive 2003/40 which were in force in that EEA State; or



(b)



(i) the water concerned does not comply with the limits in Schedule 6 relating to nickel and fluoride,

(ii) the water concerned was bottled in another EEA State,

(iii) the EEA State concerned had not, at the time of bottling, implemented Article 2(1) of Directive 2003/40 insofar as it relates to limits for nickel and fluoride,

(iv) the water was bottled prior to 1st January 2008 and at the date of bottling otherwise complied with Directives 80/777, 98/83 and the provisions of Directive 2003/40 which were in force in that EEA State,



that water shall be deemed to comply with the limits in Schedule 6.".

(a) where it has undergone the treatment of total or partial elimination of free carbon dioxide by exclusively physical methods, the indication "fully de-carbonated" or "partially de-carbonated" as appropriate;

(b) where it has undergone an authorised ozone-enriched air oxidation technique, the words "water subjected to an authorised ozone-enriched air oxidation technique", which shall appear in proximity to the analytical composition of characteristic constituents;

(c) where its fluoride concentration exceeds 1.5 mg/l  - 


(i) the words "contains more than 1.5 mg/l of fluoride: not suitable for regular consumption by infants and children under 7 years of age", which shall appear in immediate proximity to the trade name and in clearly visible characters,

(ii) the actual fluoride content in relation to the physio-chemical composition, which shall be included within the mandatory information referred to in paragraph (4) below; and



(d) the mandatory information referred to in paragraph (4) below.".

     " or

(e) does not bear the labelling indication set out in sub-paragraph (c) of paragraph (3) above where required by that sub-paragraph.".

     " and

(f) where the water has undergone an authorised ozone-enriched air oxidation technique, the water is marked or labelled with the words "water subjected to an authorised ozone-enriched air oxidation technique" which shall appear in close proximity to the particulars in paragraph (3) of this regulation.".

(a) the water in respect of which the offence is alleged to have been committed was bottled and marked or labelled as the case may be, before 1st July 2004; and

(b) the matters constituting the alleged offence would not have constituted an offence under these Regulations as they stood immediately before the coming into force of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (Wales) Regulations 2004.".

(a) the water in respect of which the offence is alleged to have been committed was bottled and marked or labelled as the case may be, before 1st July 2004; and

(b) the matters constituting the alleged offence would not have constituted an offence under these Regulations as they stood immediately before the coming into force of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (Wales) Regulations 2004.".

" listed in Schedule 6 at a level which does not comply with the limit specified in relation to that substance in that Schedule.".

" listed in Schedule 6 at a level which does not comply with the limit specified in relation to that substance in that Schedule.".

(a) it is for the purpose of separating compounds of iron, manganese, sulphur and arsenic from water in which they occur naturally at source;

(b) prior to treatment the water satisfies regulation 8 of these regulations;

(c) the treatment does not have a disinfectant action.

     2. Treatment of natural mineral waters and spring waters with ozone-enriched air shall not  - 

(a) modify the physio-chemical composition of the water in terms of its characteristic constituents;

(b) leave residues in the water which could pose a risk to public health, or, in the case of the substances listed below, above the levels specified:



Treatment residue	Maximum limit (µg/l)
Dissolved ozone	50
Bromate	3
Bromoforms	1

     3. A person seeking to have a process of treatment with ozone-enriched air authorised shall  - 

(a) make application in writing to the relevant authority within whose area the water is extracted;

(b) permit representatives of that authority to examine the proposed method of treatment, and place of treatment, and take samples for analysis in accordance with regulation 14;

(c) provide such information in support of the application as is requested by the relevant authority.

     4. The relevant authority shall assess the application and any information in its possession and shall authorise the treatment process, if it is satisfied that  - 

(a) the treatment process is justified by the composition of the water at source;

(b) the person carrying out the treatment is taking all necessary measures to ensure that the treatment is effective and safe;

(c) the treatment process otherwise complies with paragraphs 1 and 2 of this Schedule.

     5.

(a) Where the relevant authority decides to authorise a treatment process pursuant to paragraph 4 above, it shall inform the operator of the treatment process in writing, and state the date on which the authorisation for commercial use of the process begins.

(b) Where the relevant authority refuses to authorise a treatment process pursuant to paragraph 4 above, it shall inform the operator of the treatment process in writing, stating its reasons.

     6. Where a treatment process has been authorised pursuant to paragraph 4 above, the person carrying out the treatment process must continue to allow periodic examination of the treatment process by the relevant authority by the methods in paragraph 3(b) and (c), for the purpose of assessing whether the conditions in paragraph 4(a) and (b) continue to be satisfied.

     7. If the relevant authority is satisfied that the conditions in paragraph 4 above are no longer fulfilled, it may withdraw its authorisation of a treatment process by giving the person operating that process a written notice stating the grounds for withdrawal.

     8.

(a) Where the relevant authority decides either not to grant or to withdraw authorisation of a treatment process under paragraph 5(b) or paragraph 7 above, the person who wishes to carry out the treatment process may apply to the Agency for a review of that decision.

(b) Upon receiving the application for review the Agency shall make such inquiry into the matter as may seem to the Agency to be appropriate, and having considered the results of that enquiry and any relevant facts elicited by it, shall either confirm the decision or direct the relevant authority to grant or restore, as appropriate, authorisation of the treatment process in operation. In the case of such a direction the relevant authority shall thereupon comply with the said direction.

(a) three times the relative standard deviation within a batch of a natural sample containing a low concentration of the constituent; or

(b) five times the relative standard deviation within a batch of a virgin sample.

     7. The method used to detect cyanide must be such that it is possible to determine total cyanide in all its forms."