Natural Mineral Waters and Spring Waters

What is natural mineral water?

 Natural mineral water is groundwater considered as bacteriologically safe and having stable physical and chemical properties, within the range of expected natural fluctuations, which may produce positive health effects. It therefore can be clearly distinguished from ordinary drinking water by:

  • its original purity
  • its nature, characterized by its mineral content, trace elements or other constituents

It must come from a spring recognized by the responsible authority, be considered microbiologically wholesome in its natural state and be protected from any risk of contamination.

Natural mineral waters cannot contain any organoleptic defects. They are characterized by their specific physico-chemical composition, which distinguish them from other drinking waters and they cannot be subjected to treatments which may alter their properties other than those described in Article 6 of Decree-Law No. 72/2004 of March 25 (which transposes into national law Directive 2003/40/EC of 16 May establishing the list, concentration limits and labelling requirements for the constituents of natural mineral waters and the conditions for using ozone-enriched air for the treatment of natural mineral waters and spring waters).
No disinfection treatment is allowed for natural mineral waters, with the exception of the process referred to in Article 6(1)(e) of Decree-Law No. 72/2004.
Composition, temperature or other characteristics must remain stable over time. Natural mineral water cannot be microbiologically or chemically polluted either at source or in bottled form and it must comply with the constituent limits laid down in Annex I of Decree Law No. 72/2004.

What is spring water?

Spring water is groundwater considered as bacteriologically safe, with physical and chemical properties that make it suitable for human consumption in its natural state. It cannot be subjected to treatments which may alter its properties beyond those described in Article 6 of Decree-Law No. 72/2004.
No disinfection treatment is allowed for spring water.
The limits laid down for water for human consumption (Decree-Law No 306/2007 of 27 August, establishing the quality scheme for water intended for human consumption) must be respected, with the exception of pH values, which should not, however, exceed the 9.5 limit.

Recognition by the responsible authority

Under Article 3 of Decree-Law No 156/98 of 6 June (which transposes into national law Directive 2009/54/EC of June 2009 on the exploitation and and marketing of natural mineral waters wich repeals Directive 80/777/EEC of 15 July), natural mineral waters and spring waters must be recognized by the Minister of Economics on a proposal submitted by the Directorate General of Geology and Energy (DGGE).

The list of natural mineral waters recognised by Member States is published in the Official Journal of the European Communities.

The rules on natural mineral waters also apply to mineral waters imported from third countries, that is, they too have to be recognised by the DGGE upon certification by the relevant authority of the country of origin that the water complies with Article 2 and part A of the Annex to Decree-Law No. 156/98 and is subject to permanent monitoring of its compliance with the provisions of paragraph 1 of Annex II to the same Decree-Law.

The validity of the certificate of the country of origin cannot exceed 5 years. A new recognition procedure will not be necessary, if the certificate is renewed before the end of that period.

Maximum limits for naturally occurring constituents

There are maximum limits for natural mineral waters, which cannot be exceeded at the time of packaging (Annex I to Decree Law No. 72/2004).
No contamination is allowed in natural mineral water.

Treatments allowed

Natural mineral waters and spring waters cannot be subjected to any treatment or addition, other than:

  • the separation of its unstable elements, such as iron and sulphur compounds, by filtration or decanting, whether or not preceded by oxygenation, in so far as the treatment does not alter the composition of the water as regards the essential constituents which give it its properties
  • the separation of arsenic and iron, manganese and sulphur compounds in certain mineral waters and spring waters by means of an ozone-enriched air technique, in so far as the treatment does not alter the composition of the water as regards the essential constituents which give it its properties
  • the separation of other undesirable components not listed in the preceding paragraphs, in so far as the treatment does not alter the composition of the water as regards the essential constituents which give it its properties, such as the treatment for reducing its fluoride content

See guidelines adopted by the Standing Committee on the Food Chain and Animal Health on 14 December 2007.

In natural mineral waters, it is permitted:

  • to totally or partially eliminate free carbon dioxide by exclusively physical methods and
  • to introduce or reintroduce carbon dioxide in accordance with the provisions of Article 2 of Decree-Law No. 156/98

Treatment with ozone-enriched air

The treatment of natural mineral waters and spring waters with ozone-enriched air should be previously notified to the responsible authority.

Use of water tanks in transport

Natural mineral waters and spring waters cannot be transported in tanks from the source to the bottling plant.
Transport of these waters to bottling facilities must be in a closed pipeline made of suitable material (which does not alter the characteristics of the water and cannot contaminate it).
The equipment used for filling bottles must ensure that there is no contamination or alteration of the water after extraction. Mineral waters and spring waters can only be transported and marketed when properly pre-packaged.

Manufacture of soft drinks

According to paragraph 2(2)(d) of Implementing Order No. 703/96 of 6 December, applicable to all soft drinks, except those intended for particular nutritional uses, a soft drink label may contain the reference “Made with […] natural mineral water” or “Made with […] spring water”, including the brand name of the water in question, when the water used is exclusively the mentioned natural mineral water or spring water and the drink is manufactured and packaged at the extraction site. No reference to the water properties or characteristics is allowed.
Once a natural mineral water or spring water is mixed with other ingredients, it is no longer considered as such.

Labelling of natural mineral waters and spring waters

What does the sales description mean?
It describes the product according to the specific legislation (Article 8 of Decree-Law 156/98 of 6 June), namely “água mineral natural” [natural mineral water], “água mineral natural gasosa” [naturally carbonated natural mineral water], “água mineral natural reforçada com gás carbónico natural” [natural mineral water fortified with gas from the spring] and “água mineral natural gaseificada” [carbonated natural mineral water].
When the free carbon dioxide content of a naturally carbonated natural mineral water exceeds 250mg/l, the reference “gasosa” [naturally carbonated] may be replaced by “gasocarbónica” [carbonated].
When a natural mineral water has been subjected to a treatment to totally or partially eliminate free carbon dioxide by exclusively physical methods, the sales description shall have added to it as appropriate the indication “totalmente desgaseificada” [fully de-carbonated] or “parcialmente desgaseificada” [partially de-carbonated].

And which are the sales descriptions for spring waters?
The sales descriptions of spring waters shall be “água de nascente” [spring water] or “água de nascente gaseificada” [carbonated spring water] as laid down in article 12(6) of Decree-Law No 156/98.

Labels on natural mineral waters and spring waters must contain the name of the place where the spring is exploited and the name of the spring?
Yes, that information is mandatory.

  • The name of the place where the spring is exploited or the name of the spring may occur in the wording of a trade description provided that it refers to a natural mineral water or spring water the spring of which is exploited at the place indicated by that description and provided that it does not mislead the consumer as regards the place of exploitation of the spring
  • When the labels or inscriptions on the containers in which the natural mineral waters are offered for sale include a trade description different from the name of the spring or the place of its exploitation, this place or the name of the spring shall be indicated in letters at least one and a half times the height and width of the largest of the letters used for that trade description
  • It shall be forbidden to market natural mineral water from one and the same spring under more than one trade description

Mandatory information on labels

Natural mineral waters

The label must include:

  • a statement of the analytical composition giving its characteristic constituents
  • the place where the spring is exploited and the name of the spring

And where applicable:
- Fluoride concentration exceeding 1,5 mg/l,

  • indicate the actual fluoride content in relation to the physico-chemical composition
  • bear 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”

This information shall be placed in immediate proximity to the trade name
- Information on ozone-enriched air treatment

  • bear the words “water subjected to an authorised ozone-enriched air oxidation technique”

This information shall be placed in proximity to the analytical composition

  • Indication of the total or partial elimination of free carbon dioxide

When a natural mineral water has been subjected to the introduction or the reintroduction of carbon dioxide by exclusively physical methods under the conditions laid down in Article 2 of the DL No 156/98, the sales description shall have added to it as appropriate the indication “totalmente desgaseificada” [fully de-carbonated] or “parcialmente desgaseificada” [partially de-carbonated].

Spring waters

The label must include:

  • The place where the spring is exploited and the name of the spring

And where applicable for:
- Fluoride concentration higher than 1.5 mg / l,

  • include its actual content in the physical and chemical composition;
  • bear the words "contains more than 1.5 mg / l of fluoride. Not suitable for regular consumption by infants and children under 7 years".

And where applicable:
- Information on ozone-enriched air treatment

  • bear the words "water subjected to an authorised ozone-enriched air oxidation technique"

This information shall be placed in proximity to the analytical composition, if such composition is included on the label.
The inclusion of the analytical composition on the label of spring waters is not mandatory.

Optional information on labels

Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006, on nutrition and health claims made on foods, shall apply to natural mineral waters and spring waters, subject to the provisions of Directive No. 80/777/EEC.
Therefore, the indications referred to in Article 11(2) of Decree-Law No 156/98 may be used, provided that they meet the criteria set out in Annex III, as well as nutrition and health claims pursuant to Regulation (EC) No 1924/2006.

Information prohibited on labels

It shall be forbidden, both on packaging or labels and in advertising in whatsoever form, to use designations, proprietary names, trade marks, brand names, illustrations or other signs, whether emblematic or not, which:

    • in the case of a natural mineral water, suggest a characteristic which the water does not possess, in particular as regards its origin, the date of the authorization to exploit it, the results of analyses or any similar references to guarantees of authenticity
    • in the case of a spring water, or any other drinking water packaged for human consumption, are liable to cause confusion with a natural mineral water, in particular the description “mineral water”
    • to market natural mineral water from one and the same spring under more than one trade description

    For additional information, please check the following sites

    Europa - Gateway to the European Union
    Codex Alimentarius

     

    Last update: 7 January 2010