Dear Colleagues,

Recital 8 of Directive 2009/54/EC states that, with regard to labelling, natural mineral waters are subject to the general rules laid down in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. Accordingly, this Directive is limited to laying down the additions and derogations that should be applied to those general rules.

Although Directive 2000/13/EC is no longer in force and has been replaced by Regulation (EU) No 1169/2011 of the European Parliament and of the Council (Food Information to Consumers Regulation, FIC), it may be inferred from the wording of Directive 2009/54/EC that it establishes specific additions and derogations which apply in relation to the relevant general labelling requirements. In conclusion, the labelling of natural mineral water must comply with both Regulation (EU) No 1169/2011 and Directive 2009/54/EC.

In practice, the labelling of natural mineral water produced by Estonian manufacturers complies with the requirements set out in Articles 7, 8 and 9 of Directive 2009/54/EC, and operators use only the indications provided in Annex III of that Directive.

Leena Albreht

Advicer

Environment Health Department

+372 523 4995

[email protected]

Republic of Estonia

Health Board

+372 794 3500

[email protected]

www.terviseamet.ee

Paldiski mnt 81, 10614 Tallinn

Estonia

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Dear Commission

Dear Colleagues,

I would like to seek your opinion on an issue relating to the labelling of natural mineral waters (NMW).

In accordance with Regulation No 1169/2011 on consumer information, the nutrition declaration does not apply to natural mineral waters, as provided for in Article 29(1)(b)

Directive 2009/54/EC on mineral waters, sets out in Article 7 the specific labelling rules for natural mineral waters, including the analytical composition of the waters.

At present, there is an operator in Portugal that intends to place a natural mineral water on the market with an analytical composition in accordance with the Directive and

a nutrition declaration to highlight the absence of fat, carbohydrates, protein, and energy in the NMW, claiming that as Regulation 1169/2011 does not apply, this is not prohibited and, provided they comply with the requirements, it is permitted.

Our understanding is that this is not possible; however, the operator has shown us labels for some NMWs that contain this information.

We would therefore like to know your opinion on:

1. Do you consider it acceptable for both analytical composition and nutritional declaration to coexist on the same label?

2. Are you aware of any water on the market that displays this information.