The Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021

JurisdictionScotland
CitationSSI 2021/66
Year2021
(1) These Regulations may be cited as the Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021 and come into force in accordance with paragraphs (2) to (4) .(2) This regulation, regulation 2(1) , (2) , (3) , and (4) (a) (i) come into force on 22 March 2021.(3) Regulation 2(4) (a) (ii) to (6) come into force on 1 July 2021.(4) Regulations 3 and 4 come into force on F1327 May 2021.(1) The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 after paragraph (a) omit “or”, andfor paragraph (b) substitute—
  • (b) in the case of natural mineral water or spring water brought into Scotland from England or Wales, a treatment which complies with Articles 1 to 3 of Regulation 115/2010 ;
  • (c) in the case of natural mineral water or spring water brought into Scotland from Northern Ireland or from an EEA State, a treatment which complies with Articles 1 and 2 of Regulation 115/2010 as it has effect in EU law;
  • (d) in the case of natural mineral water or spring water brought into Scotland from a country outside the United Kingdom and the EEA, a treatment which complies with Articles 1 and 2 of Regulation 115/2010;
,
in the case of natural mineral water or spring water brought into Scotland from England or Wales, a treatment which complies with Articles 1 to 3 of Regulation 115/2010 ;in the case of natural mineral water or spring water brought into Scotland from Northern Ireland or from an EEA State, a treatment which complies with Articles 1 and 2 of Regulation 115/2010 as it has effect in EU law;in the case of natural mineral water or spring water brought into Scotland from a country outside the United Kingdom and the EEA, a treatment which complies with Articles 1 and 2 of Regulation 115/2010;in the definition of “authorised ozone-enriched air oxidation technique”, for paragraph (b) substitute—
  • (b) in the case of water brought into Scotland from other parts of the United Kingdom, a treatment that complies with the relevant bottled water legislation in force in that part of the United Kingdom;
,
in the case of water brought into Scotland from other parts of the United Kingdom, a treatment that complies with the relevant bottled water legislation in force in that part of the United Kingdom;omit the definition of “Directive 2003/40”,after the definition of “Regulation 1169/2011” insert—
    relevant bottled water legislation” means—
  • (a) in relation to England, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 ;
in relation to England, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 in relation to Northern Ireland, the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015 in relation to Wales, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 after the definition of “sell” insert—
    third country” means any country, other than the United Kingdom, and includes—
  • (a) the Bailiwick of Guernsey;
  • (b) the Bailiwick of Jersey;
  • (c) the Isle of Man.
;
the Bailiwick of Guernsey;the Bailiwick of Jersey;the Isle of Man.in paragraph (2) omit “2003/40,”.(3) In regulation 3 (exemptions) , for paragraph (1) (d) substitute—
  • (d) is a natural mineral water intended for—(i) movement into Northern Ireland;(ii) export to a third country.
.
movement into Northern Ireland;export to a third country.in sub-paragraph (b) , for “Directive 2009/54;” substitute “ relevant bottled water legislation; and ”,omit sub-paragraph (c) ,for sub-paragraph (d) substitute—
  • (d) in the case of water extracted from the ground in a third country—(i) by the Agency, in accordance with Part 2 of schedule 3;(ii) in accordance with equivalent recognition in Northern Ireland granted by the relevant Agency in accordance with regulation 4(2) (d) (i) of, and Part 2 of schedule 1 of the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015;(iii) in accordance with equivalent recognition...
by the Agency, in accordance with Part 2 of schedule 3;in accordance with equivalent recognition in Northern Ireland granted by the relevant Agency in accordance with regulation 4(2) (d) (i) of, and Part 2 of schedule 1 of the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015;in accordance with equivalent recognition

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