(i) yn is-baragraff (a) dilëir y gair "or",

(ii) yn is-baragraff (b) ychwanegir ar y diwedd y gair "or", a

(iii) ar ôl is-baragraff (b) mewnosodir yr is-baragraff canlynol  - 

" (c) that the content of the water is not in accordance with paragraph 2(c) in Part I or, as the case may be, paragraph 2(c) in Part II, of Schedule 1,";

(b) yn lle paragraff (5), rhoddir y paragraff canlynol  - 

(a) is bottled in a bottle marked or labelled in contravention of paragraph (1) above;

(b) has undergone any of the treatments referred to in paragraph (3)(a) above, unless the bottle in which it is bottled is marked or labelled with the appropriate indication in accordance with that paragraph;

(c) is bottled in a bottle not marked or labelled with the mandatory information referred to in paragraph (4) above; or

(d) is bottled in a bottle marked or labelled with a trade description which is different from the trade description with which any other natural mineral water originating from the same spring is marked or labelled.".

(a) that water has been extracted from a spring;

(b) subject to paragraph (4) below, that water would, if it were a natural mineral water, meet the exploitation and bottling requirements;

(c) that water would, if it were a natural mineral water, be capable of being bottled or sold without contravening the provisions of regulation 8;

(d) subject to paragraphs (6) and (7) below, that water satisfies the requirements of Schedule 3; and

(e) the bottling occurs at source.

    (2) No person shall cause any bottle to be marked or labelled with the description "spring water" unless the water contained in it  - 

(a) subject to paragraphs (6) and (7) below, is bottled as specified in paragraph (1) above;

(b) is (if it has not undergone any treatment) intended for consumption in its natural state; and

(c) would (where the bottle in which it is bottled is marked or labelled with any trade description) if it were a natural mineral water, comply with the requirements of Article 8.

    (3) No person shall cause any water to be bottled in a bottle marked or labelled with the description "spring water" unless the bottle is also marked or labelled with  - 

(a) the name of the place where the spring in question is exploited; and

(b) the name of the spring.

    (4) Any water bottled in a bottle marked or labelled with the description "spring water", which is transported from the spring to the bottling plant in a container which is not for distribution to the ultimate consumer, shall not, for that reason alone, be taken to have failed to meet the exploitation and bottling requirements if, on or before 23rd November 1996, the water from that spring was so transported to the bottling plant.

    (5) No person shall sell any water which is  - 

(a) subject to paragraphs (6) and (7) below, bottled otherwise than as specified in paragraph (1) above; or

(b) subject to paragraphs (6) and (7) below, bottled in a bottle marked or labelled in contravention of paragraph (2) or (3) above.

    (6) Before 25th December 2003, the references in paragraph (1)(d) above and paragraph (7) below to "Schedule 3" shall have effect as if the amendments made to these Regulations by regulations 17 to 21 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (Wales) Regulations 2003 had not been made.

    (7) For the purposes of paragraphs (2)(a) and (5) above, where the water concerned has been bottled in an EEA State other than the United Kingdom, but does not satisfy the requirements of Schedule 3, it shall be deemed to satisfy those requirements if, at the date of bottling  - 

(a) it satisfies the requirements prescribed in that State corresponding to those in Schedule 3; and

(b) those requirements are in accordance with  - 


(i) (where the bottling occurs before 25th December 2003) whichever of Directives 80/778 and 98/83 is applicable in that State, or

(ii) (where the bottling occurs on or after that date) Directive 98/83.".

(a) it satisfies the requirements prescribed in that State corresponding to those in Schedule 3; and

(b) those requirements are in accordance with  - 


(i) (where the bottling occurs before 25th December 2003) whichever of Directives 80/778 and 98/83 is applicable in that State, or

(ii) (where the bottling occurs on or after that date) Directive 98/83.".

(a) enforce and execute these Regulations within its area; and

(b) with effect from 25th December 2003, for the purposes of carrying out that function, take within its area, in relation to products to which these Regulations and Directive 98/83 apply, the steps required of member States and competent authorities by Article 7.1 to 7.4 and 7.6 of that Directive.";

(b) yn is-baragraff (a)(i) o baragraff (2), yn lle'r ymadrodd "4(b)" rhoddir yr ymadrodd "4(a)"; ac

(c) ym mharagraff (3), yn lle'r ymadrodd "and 11(1)(e) and (f)" rhoddir yr ymadrodd ", 11(2), (3) and (5)(b) and 12(2)".

" (b) if the water was intended for export to an EEA State, that  - 


(i) in the case of water bottled in a bottle marked or labelled with the term "spring water"  - 


(A) where the export was to take place before 25th December 2003, the legislation complies with the provisions of Directive 80/777 and whichever of Directives 80/778 and 98/83 is applicable in the State concerned, and

(B) where the export was to take place on or after that date, the legislation complies with the provisions of Directives 80/777 and 98/83, and



(ii) in the case of bottled drinking water  - 



(A) where the export was to take place before 25th December 2003, the legislation complies with the provisions of whichever of Directives 80/778 and 98/83 is applicable in the State concerned, and

(B) where the export was to take place on or after that date, the legislation complies with the provisions of Directive 98/83.";

(b) ym mharagraff (2)(a), ar ôl y gair "or" mewnosodir y geiriau "the bottle in which it was bottled was marked or"; ac

(c) ym mharagraff (3), cyn y geiriau "marked or labelled", ym mha le bynnag y maent yn ymddangos, mewnosodir y geiriau "bottled in a bottle".

" (a) the water does not contain  - 


(i) any micro-organism (other than a parameter) or parasite, or

(ii) any property, element or substance (other than a parameter),



at a concentration or value which would constitute a potential danger to human health;



(aa) the water does not contain any substance (whether or not a parameter) at a concentration or value which, in conjunction with any other property, element, substance or organism it contains (whether or not a parameter), would constitute a potential danger to human health;";

(b) yn lle is-baragraff (b) rhoddir yr is-baragraff canlynol  - 

" (b) the water does not contain concentrations or values of any of the parameters listed in Tables A to D in Part II of this Schedule in excess of the prescribed concentrations or values; and"; ac

(c) yn is-baragraff (c), dilëir y geiriau o "and its alkalinity" hyd at y diwedd.