Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister of Health and Solidarity,
Having regard to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs;
Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls carried out to ensure compliance with the Legislation on feed and food and with provisions on animal health and animal welfare;
In view of Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 Concerning materials and articles intended to come into contact with foodstuffs and repealing Directives 80 /590/EEC and 89 /109/EEC;
Having regard to Council Directive 80 /777/EEC of 15 July 1980 on the approximation of laws Member States concerning the exploitation and marketing of natural mineral waters, as amended by Directive 96 /70/EC of the European Parliament and of the Council of 28 October 1996 and by Commission Directive 2003 /40/EC of 16 May 2003 fixing the list, concentration limits and labelling particulars for the constituents of natural mineral waters, as well as the conditions for the use of air enriched in ozone for the treatment of natural mineral waters and Source waters;
In view of Council Directive 98 /83/EC of 3 November 1998 on the quality of water intended for human consumption;
Given the code of consumption;
In view of the Customs Code, in particular Article 38;
Given the code The
of Expropriation for Public Utility, including Articles R. 11-4 to R. 11-14;
Given the Forest Code, including Title 1 of Book IV;
In view of the Penal Code, in particular Article R. 610-1 ;
Given the code of public health, in particular Articles L. 1321-10 and L. 1322-13;
In view of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations;
In view of Decree No. 73-138 of the 12 February 1973, amending the application of the Act of 1 August 1905 on fraud and falsifications in respect of processes and products used for the cleaning of materials and articles intended to come into contact with foodstuffs, Foodstuffs and beverages for the food of man and animals;
Having regard to Decree No. 97-34 of 15 January 1997 concerning the deconcentration of individual administrative decisions, as amended by Decree No. 97-463 of 9 May 1997 and Decree No. 97-1205 of 19 December 1997;
Having regard to Decree No. 97-1185 of 19 December 1997 as amended for the application to the Minister of Employment and Solidarity of the 1 ° of Article 2 of the Decree of 15 January 1997 concerning the deconcentration of decisions Individual administrative bodies;
Given the decree n ° 2004-374 of 29 April 2004 on the powers of the prefects, the organisation and action of state services in the regions and departments;
In view of the opinion of the interdepartmental mission of Water as of 13 December 2005;
In view of the opinion of the French Food Safety Agency dated 9 February 2006;
In view of the opinion of the Committee on Consumer Safety of 6 July 2006;
The Council of State (social section) heard;
The Council of Ministers heard,
Describes:
"Paragraph 2
" Authorization procedure
" Art. R. 1321-6. -The application for authorisation to use water for human consumption, as provided for in Article L. 1321-7, shall be addressed to the prefect of the department or departments in which the installations are
. The application package includes :
" 1 ° The name of the person responsible for the production, distribution or packaging of water;
" 2 ° Information to evaluate the water quality of the resource used and its possible variations;
" 3 ° Risk assessment of water quality degradation;
" 4 ° As a function of the sampling rate, a study of the geological and hydrogeological characteristics of the aquifer or catchment area concerned, Resource vulnerability and protection measures to be put in place;
" 5 ° The opinion of the approved hydrogeologist in the field of public health, specially appointed by the prefect for the study of the dossier, concerning the availability of water, The protective measures to be implemented and the definition of the protective perimeters referred to in Article L. 1321-2;
" 6 ° Justification for the products and processing procedures to be implemented;
" 7 ° Description of Water production and distribution facilities;
" 8 ° The description of water quality monitoring procedures.
" The information on the file and the threshold of the debit rate referred to in the 4 ° shall be specified by Arrested by the Minister for Health, taken after the opinion of the French Food Safety
. The cost of creating the folder is the responsibility of the requester.
" The use of non-natural water Cannot be allowed.
" Art. R. 1321-7. -I.-The Prefect shall submit a summary report and a draft decree on the basis of the opinion of the Departmental Council on the Environment and Health and Technological
. The prefect transmits the draft decree to the applicant and informs him of the date And the location of the departmental council meeting. The applicant or his representative may request to be heard by the Departmental Council or submit his written observations to
. In the case of facilities located in different departments, the prefects of these departments Select the coordinator of the procedure.
" II. -The prefect shall send the application to the Minister responsible for health, who shall forward it for an opinion to the French Food Safety Agency when the request for authorisation relates to the use of water from the medium Not respecting one of the quality limits, relating to certain microbiological and physico-chemical parameters, defined by order of the Minister responsible for health.
" The prefect may also forward the file to the Minister in case Of exceptional risk or situation.
" The provisions of this II shall not apply to spring waters defined in Article R. 1321-84.
" Art. R. 1321-8. -I.-The decision on the application for authorisation to use water for human consumption shall be taken by prefectural order. This order is motivated.
" The prefectural authorisation of authorisation shall include, in particular, the identification of the holder of the authorisation and the purpose of such use, the locations of the covers and their conditions of operation, the measures of Protection, including the perimeters of protection provided for in Article L. 1321-2, the places and areas of production, distribution and packaging of water and, where appropriate, the products and processing methods used, the manner in which the Implementation of monitoring and protection measures for old abandoned captions.
" When determining the perimeters of protection provided for in Article L. 1321-2, this order shall declare that such perimeters shall be of public use.
" Where the works and works of collection are situated within the perimeter of a forest of protection within the meaning of Article L. 411-1 of the Forest Code, that order shall declare that the works and articles thereof shall be of public use. R. 412-19 of the same code and shall authorize, where appropriate, the necessary clearances under Article L. 311-1 or Article L. 312-1 of the same code
In the case of conditioned water, the prefectural order shall also specify the particulars provided for R. 1321-87 to R. 1321-90 or Article R. 1321-92 of this Code.
" A reference to the decree authorising the use of water for human consumption shall be published in the compendium of administrative acts of the State in the Department.
" The silence kept by the prefect for more than four months on the application for authorisation to use water for human consumption is worth a decision rejecting it. That period shall be suspended during the period allowed for the production of parts claimed by the prefect or extended to six months when the opinion of the French Food Safety Agency is required
II. -Where the distributed water does not comply with the provisions of Article R. 1321-2 and the placing in service of a new collection permits the distribution of water in accordance with those provisions, a request for exemption from the procedure defined in the Article R. 1321-7 may be filed with the Prefect for an emergency decision on an authorization to use water for human consumption before the protective perimeters provided for in Article L. 1321-2 have been declared Public utility.
" The prefectural order of authorization, taken in accordance with the procedure laid down in Article R. 1321-7, contains the elements referred to in the I of this Article, excluding the provisions relating to the perimeters of Protection.
" The prefect shall decide on the final authorisation by a supplementary order containing the provisions relating to the perimeters of protection, taken after obtaining the opinion of the Departmental Council on the Environment and Health Risks and Technology.
" The provisions of this II shall not apply to the conditioned waters referred to in Article R. 1321-69
Art. R. 1321-9. -Exceptionally, a temporary authorisation for the use of water for human consumption may be granted by the prefect when
1 ° A restriction in the use or interruption of the distribution is imminent or Effective, due to major disruptions due to exceptional climatic circumstances or accidental pollution of the resource;
" 2 ° Water use is not a danger to people's health.
" The Application for a temporary authorisation shall include the elements mentioned in 1 °, 2 °, 6 °, 7 ° and 8 ° of Article R. 1321-6, as well as elements of assessment on the geological and hydrogeological characteristics of the aquifer or aquifer sector The watershed concerned, the vulnerability of the resource and the protection measures to be implemented. Its contents are specified by an order of the minister responsible for health.
" If it considers it necessary, the prefect shall seek the opinion of a registered hydrogeologist in the field of public health under the conditions laid down in Article R. 1321-14 and shall consult the Departmental environmental and health and technological risk advice. In all cases, the prefect shall inform the departmental council of the measures
. The prefectural decree of temporary authorisation shall lay down in particular the procedures for monitoring the quality of the waters, the end date of the authorisation and the time limit Maximum means of securing the supply of water for human consumption. It may restrict the use of water for specific purposes, for which the holder of the authorisation shall inform the population
. The authorization cannot exceed six months and is renewable once.
" The provisions of the This article does not apply to packaged waters.
" Art. R. 1321-10. -I.-Before the holder of the authorisation referred to in Article R. 1321-8 does not put in service its installations, the prefect shall, at the expense of the authorisation holder and within two months after having been seized, carry out analyses of Verification of the quality of the water produced, the characteristics of which shall be fixed by order of the Minister responsible for health
When the results of the analyses are in conformity, the prefect allows the distribution of water to the public. If it does not, it shall refuse carriage by a reasoned decision. The distribution is deferred until a new check, under the conditions set out above, has found compliance.
" II. -In the absence of the commissioning of the facility within five years of the notification of the authorisation referred to in Article R. 1321-8 or where, in the case of conditioned water, the operation has been interrupted for more than Three consecutive years, the authorization is deemed to have lapsed.
" Art. R. 1321-11. -I.-The holder of an authorisation shall declare to the Prefect any project for the modification of the installations and the conditions of operation mentioned in the prefectorial authorisation of authorisation and shall pass on all the relevant elements for the assessment of the Project, prior to execution.
" The prefect shall act on this declaration within two months, or by making an amending order, or by inviting the holder of the authorisation, if necessary after consulting a Authorised hydrogeologist in the field of public health under the conditions laid down in Article R. 1321-14, to request a review of the initial authorisation. Failing a decision within this period, the proposed amendment shall be deemed to have been accepted.
" II. -The change of the holder of the authorisation, without modification of the operating conditions, shall be the subject of a declaration to the prefect, who shall amend the existing authorisation
. Art. R. 1321-12. -The Prefect may take, on his own initiative or at the request of the holder of the authorisation and in accordance with the procedure laid down in Article R. 1321-7, an amending order of the authorisation order, if he considers that the maintenance of certain Provisions are no longer justified or additional requirements are required to ensure the safety of distributed water.
" Before taking any order, the Prefect may order the holder of the authorisation, by a decision The supply or updating of the elements contained in the application for authorisation and the production of additional operating balances. These measures are the responsibility of the authorization holder.
" Art. R. 1321-13. -The protective perimeters referred to in Article L. 1321-2 for water samples intended for the feeding of human communities may be worn on disjointed
. Within the immediate protection perimeter, including the Limits are established in order to prohibit the direct introduction of polluting substances into the water collected and to prevent the deterioration of the works, the land is closed, except as provided for in the declaration of public utility, and Are regularly maintained. All works, installations, activities, deposits, works, development or occupation of the soil shall be prohibited, other than those explicitly authorised in the declaration of public
. Inside the perimeter of Close protection shall be prohibited from the works, installations, activities, deposits, works, development or occupation of soils liable to result in pollution which may render the water unsuitable for human consumption. Other works, installations, activities, deposits, works, development or occupation of the soil may be subject to requirements, and are subject to special supervision, provided for in the declaration of public utility. Whenever necessary, the same act specifies that the boundaries of the close protection perimeter will be materialized and reported.
" Within the remote perimeter of protection may be regulated works, installations, Activities, deposits, works, development or occupation of soil which, taking into account the nature of the land, present a danger of pollution to the waters taken or transported, due to the nature and quantity of polluting products linked to these Works, installations, activities, deposits, works, development or occupation of the soil or the extent of the surfaces they occupy.
" Art. R. 1321-14. -Hydrogeologists must obtain a public health authorisation from the regional prefect to issue opinions in accordance with the procedures laid down in Chapters I and II of this Title. An order of the Minister responsible for health shall lay down the arrangements for the approval and designation of approved hydrogeologists in the field of public health, including the establishment of the application dossier, the required qualifications and the duration of the Approval.
" The silence kept by the regional prefect for more than four months on the application for approval shall be deemed to be a rejection
. The costs incurred to compensate the hydrogeologists shall be borne by the applicant for the authorisation of the Use of water for human consumption. A decree of the ministers responsible for the local authorities, the economy and finance, the public service and health determines the conditions for the remuneration of hydrogeologists. "
VII. -Article R. 1321-15 is replaced by the following:
" Art. R. 1321-15. -The health check mentioned in 2 ° du I of Article L. 1321-4 is exercised by the Prefect. It shall include any operation to verify compliance with the laws and regulations relating to the health safety of water intended for human
. It includes:
" 1 ° Inspection of facilities ;
" 2 ° Control of health security measures implemented;
" 3 ° The implementation of a water quality analysis program.
" The content of the analysis programme, its adaptation procedures and the sampling frequencies And analyses are specified, according to the characteristics of the installations, by order of the minister responsible for health
The sampling locations shall be determined by an order of the prefect
For conditioned water, the program is the Defined in R. 1322-41. "
VIII. -Article R. 1321-16 is thus amended:
1 ° The words: " To III of Annex 13-2 " Are replaced by the words: " By the Ministerial Order referred to in R. 1321-15 " ;
2 ° The last sentence of the item is deleted.
IX. -Article R. 1321-17 is thus amended:
1 ° The first subparagraph is replaced by the following:
" The Prefect may impose supplementary analyses on the person responsible for the production or distribution of water in the The following cases: " ;
2 ° 1 °, the words: " Of Annex 13-1 " Are replaced by the words: " By the Order referred to in R. 1321-2 " ;
3 ° 2 °, the words: " In Annex 13-3 " Are replaced by the words: " By the mentioned order To Article R. 1321-7 " ;
4 ° 4 °, the words: " Of Annex 13-1 " Are replaced by the words: " By the Order referred to in R. 1321-3 " ;
5 ° 6 ° is replaced by the following:
" 6 ° Some Persons have problems or symptoms of a disease in relation to the use of distributed water; "
6 ° The article is supplemented by the following paragraph:
" For conditioned waters, the applicable provisions shall be those of R. 1322-42. "
X. -In Article R. 1321-18, the words: Of Annex 13-1 " Are replaced by the words: " By the Order referred to in R. 1321-2 ".
XI. Article R. 1321-19 is thus amended:
1 ° In the first subparagraph, before the words: By the agents of the communal or inter-communal services', shall be inserted: ' , unless it is a conditioned water, " ;
2 ° In the second paragraph, words : " Public or private person responsible for water distribution " Are replaced by the words: " Person responsible for the production, distribution or packaging of water ".
XII. -Article R. 1321-20, the words: Appearing in B of II of Annex 13-1 " Are replaced by the words: " Set out in the order referred to in R. 1321-3 ".
XIII. -Article R. * 1321-21 is thus amended:
1 ° In the first subparagraph, the words: , taken after the opinion of the Conseil supérieur d' hygiene publique de France and the French Food Safety Agency " Are deleted;
2 ° second and In the third subparagraph, the words' The Conseil supérieur d' hygiene publique de France and " Deleted;
3 ° In the last paragraph, the words: " Public or private person responsible for water distribution " Are replaced by the words: " Person Responsible for the production, distribution or water conditioning ".
XIV. -Articles R. 1321-22 to R. 1321-25 are replaced by the following:
" Art. R. 1321-22. -Approved laboratories shall address the results of the analyses to be carried out by the prefect and the person responsible for the production, distribution or packaging of water
The Prefect makes available to mayors, Chairpersons of public institutions of inter-communal cooperation and of the joint trade unions concerned the results of water quality analyses provided by a public distribution service carried out as part of the health
. Art. R. 1321-23. -Without prejudice to the water quality testing programme provided for in Articles R. 1321-15 and R. 1321-16 and supplementary analyses provided for in Articles R. 1321-17 and R. 1321-18, the person responsible for the production or distribution of water Shall be required to continuously monitor the quality of water intended for human
. This monitoring includes:
" 1 ° A regular check of the measures taken by the person responsible for the production or the Water distribution for the protection of the resource used and the operation of the facilities;
" 2 ° A programme of tests and analyses carried out on points determined according to the identified hazards which may be presented by the Installations;
" 3 ° The holding of a health file collecting all the information collected as such.
" When the preparation or distribution of water for human consumption includes disinfection treatment, The effectiveness of the applied treatment is verified by the person responsible for the production or distribution of water, who ensures that any contamination by the disinfection by-products is maintained at the lowest possible level. Compromise disinfection.
" For production facilities and water distribution units serving a population of more than 10 000 inhabitants, the person responsible for the production or distribution of water shall Regularly a study characterising the vulnerability of its water production and distribution facilities to acts of malevolence and transmitting it to the prefect, in accordance with arrangements laid down by an order of the ministers responsible for the interior And health.
" For conditioned waters, the applicable provisions are sections R. 1322-30 and R. 1322-43 to R. 1322-44-1. For source waters and conditioned waters made potable by treatment, the laboratory referred to in Article R. 1322-44 shall be approved under the conditions laid down in Article R. * 1321-21.
" Art. R. 1321-24. -For water supplied by a public distribution service, analyses of the programme referred to in Article R. 1321-23 may be substituted for those carried out under Article R. 1321-15 when the following two conditions are met: :
" 1 ° A quality management system shall be established by the person responsible for the production or distribution of water, including:
" (a) Analysis and control of the hazards of the production or distribution system Water, regularly updated;
" (b) The implementation of effective verification and monitoring at the point level in the water production or distribution system;
" (c) Training and information for officers Intervening in this process.
" An order of the Minister responsible for health specifies the manner in which the analyses carried out by the person responsible for the production or distribution of water are taken into account and the documents Supporting documentation;
" 2 ° The samples and the surveillance analyses are carried out by a laboratory that meets the requirements defined by the Minister responsible for health. These samples and analyses are carried out by the laboratory located in the water treatment plant or, failing that, by a laboratory:
" (a) Approved, in accordance with the conditions laid down in Article R. * 1321-21, for the making of levies and Water health check analyses for affected parameters;
" (b) accredited by the French Accreditation Committee or by any other accreditation body that is a signatory to a multilateral recognition agreement in the framework European coordination of accreditation bodies, for the implementation of sampling and analysis of the parameters concerned.
" The samples may be taken by an agent of the water treatment plant provided that The sampling activity is included in the field of application of the quality management system referred to at 1 °.
" The results of these surveillance analyses shall be transmitted to the prefect at least once a
. These provisions May apply to some of the analyses, subject to the conditions set out in the Ministerial Order referred to in Article R. 1321-15.
" A prefectural decree, taken after the advice of the Departmental Council on the Environment and Health Risks and Technology, defines the conditions for taking account of the supervision provided by the person responsible for the production or distribution of water
Art. R. 1321-25. -The person responsible for the production or distribution of water shall make available to the Prefect the results of the monitoring of the quality of the waters and any information relating to that quality. It brings to its knowledge any incidents that may have implications for public health.
" The person responsible for the production or distribution of water shall address each year to the prefect, for the production facilities and the Water distribution units serving a population of more than 3,500 inhabitants, a balance sheet on the operation of the production and distribution system, including the monitoring programme defined in Article R. 1321-23 and the work And indicates, for the following year, any changes to this monitoring program. "
XV. -Article R. 1321-26 is thus amended:
1 ° The first paragraph is thus amended:
a) The words: Of Annex 13-1 " Are replaced by the words: " By the Order referred to in R. 1321-2 " ;
b) Words: " Public person Or private responsible for the distribution of water " Are replaced by the words: " Person responsible for the production or distribution of water " ;
c) Words: " , except the one that does not provide water to the public, " Are deleted ;
2 ° The article is complemented by a paragraph so written:
" For conditioned waters, the applicable provisions are those of R. 1322-44-6. "
XVI. -Article R. 1321-27 is thus amended:
1 ° The words: " Public or private person responsible for water distribution " Are replaced by the words: " Person responsible for the production or distribution of water " ;
2 ° The item is Completed by a paragraph so worded:
" For conditioned waters, the applicable provisions are those of Article R. 1322-44-7. "
XVII. -Articles R. 1321-28 and R. 1321-30, the words: Public or private person responsible for water distribution " Are replaced by the words: " Person responsible for the production or distribution of water ".
XVIII. -Article R. 1321-29 is thus amended:
1 ° In the first and second paragraph, the words: Public or private person responsible for water distribution " Are replaced by the words: " Person responsible for the production or the Water distribution " ;
2 ° The article is complemented by a paragraph so written:
" For conditioned waters, the applicable provisions are those of Article R. 1322-44-8. "
XIX. -The first paragraph of Article R. 1321-31 is replaced by the following:
" Where the corrective measures taken pursuant to R. 1321-27 do not restore the quality of the water, the person responsible for the Distribution of water shall file with the prefect a request for exemption from the quality limits, relating to the chemical parameters, defined by the order referred to in Article R. 1321-2.
" The grant by the prefect of a derogation shall be submitted to the Following conditions:
" 1 ° Water use is not a potential hazard to people's health;
" 2 ° The person responsible for the distribution of water provides evidence that there are no reasonable alternatives for the Maintain the distribution of water intended for human consumption in the sector concerned;
" 3 ° A plan of action concerning corrective measures to restore water quality shall be drawn up by the person responsible for the Water distribution. "
XX. -Articles R. 1321-35 and R. 1321-36, the words: Public or private " Are deleted.
XXI. -Article R. 1321-38 is thus amended:
1 ° In the first subparagraph, the words: To III of Annex 13-1 " Are replaced by the words: " By order of the Minister responsible for health on the quality limits of surface fresh water used For the production of water intended for human consumption " ;
2 ° The last paragraph is replaced by the following:
" The prefectural order referred to in R. 1321-8 sets out the values to be respected by the Physical, chemical and microbiological characteristics of these waters for each sampling point. These values shall not be less stringent than the mandatory limit values laid down for surface fresh waters by the order referred to in the first subparagraph and shall take account of the guiding values laid down in that decree. "
XXII. -In Article R. 1321-39, the words: By the III of Annex 13-1 " And the words: " To III of Annex 13-1 " Are replaced by the words: " By the order referred to in the first paragraph of Article R. 1321-38 ".
XXIII. -Article R. 1321-40, the words: To III of Annex 13-1 " Are replaced twice with the following words: " By the Order mentioned in the first paragraph of Article R. 1321-38. "
XXIV. -Article R. 1321-42 is replaced by the following:
" Art. R. 1321-42. -Surface waters whose physical, chemical and microbiological characteristics exceed the quality limits of the raw waters set out in the order referred to in paragraph II of Article R. 1321-7 shall not be used for the Production of water for human consumption. However, the use of water of such quality may be exceptionally authorized by the Prefect, pursuant to Articles R. 1321-7 to R. 1321-9, where the following two conditions are met:
" 1 ° It is used for treatment Appropriate, including mixing, to reduce all water quality characteristics to a level in accordance with the quality limits set out in the order referred to in section R. 1321-2 or to the maximum allowable values determined by the Exemption granted pursuant to R. 1321-31;
" 2 ° A management plan for water resources has been defined within the area concerned, except for certain parameters mentioned in the order provided for in Article R. 1321-7. "
XXV. -Subsection 3 is thus amended:
1 ° The heading of the subsection is replaced by the following heading: Water production, distribution and packaging facilities, sharing of responsibilities and hygiene rules " ;
2 ° Paragraph 1 is thus amended:
(a) The title of the paragraph is replaced by the following title: Water production, distribution and packaging facilities, sharing of responsibilities " ;
(b) Section R. 1321-43 is Changed:
In the first sentence of the first paragraph, the words: " And distribution " Are replaced by the words: " , distribution and packaging " ;
In the second sentence of the first subparagraph, after the word: Production ", Are inserted the words: " , which includes water treatment covers and water treatment facilities." ;
The 2 ° is replaced by the following:
" 2 ° Installations not connected to public distribution networks and Authorized in accordance with R. 1321-7 to R. 1321-9; "
(c) Sections R. 1321-44 to R. 1321-46 are replaced by the following:
" Art. R. 1321-44. -The person responsible for the production or distribution of water shall, in order to reduce or eliminate the risk, where it is attributable to the service of the production or distribution of water, of non-compliance after the supply, for the waters mentioned In Article R. 1321-5, of the quality limits laid down in the order referred to in Article R. 1321-2, take any appropriate technical measures to modify the nature or ownership of the waters before they are provided
Art. R. 1321-45. -The person responsible for the public distribution network of a water intended for human consumption whose quality limits laid down in the order referred to in Article R. 1321-2 are not complied with at the point of conformity cited in the 1 ° of the article R. 1321-5 is deemed to have fulfilled its obligations when it can be established that this fact is attributable to the private distribution or maintenance facility, or to the quality of the water that this private installation provides.
" Art. R. 1321-46. -The person responsible for the internal distribution of premises or establishments in which water is supplied to the public, such as schools, hospitals and restaurants, must comply with the requirements of Article L. 1321-1, in particular by respecting the Hygiene rules laid down in this subsection. " ;
d) Articles R. * 1321-48 to R. 1321-50 are repealed;
3 ° Paragraphs 2 to 4 are replaced by the following:
"Paragraph 2
" Materials In contact with water
" Art. R. 1321-48. -I.-Materials and articles placed on the market and intended for production, distribution and packaging installations which come into contact with water intended for human consumption must comply with specific provisions Defined by order of the Minister responsible for health, to ensure that they are not liable, under normal or foreseeable conditions of their employment, to present a danger to human health or to cause an alteration in the composition of the Water defined by reference to values set by this order.
" These provisions apply in whole or in part, according to groups of materials and objects and according to their uses, and concern in particular:
" 1 ° List of substances And authorized materials for the manufacture of materials and objects;
" 2 ° The purity criteria for certain substances and substances mentioned at 1 °;
" 3 ° The special conditions of use of the substances and substances mentioned in 1 ° As well as the materials and articles in which these substances and materials were used;
" 4. Where applicable, the specific limits for migration of constituents or groups of constituents in water;
" 5 ° Global limits Migration of constituents into water;
" 6 ° The rules on the nature of the samples of materials or objects to be used and the methods of analysis to be used for monitoring compliance with the provisions of 1 ° to 5 °.
" II. -The order referred to in the I specifies the conditions for attestation of compliance with the provisions of this I. This certificate is produced, according to the groups of materials and objects and according to their uses:
" 1 ° The head of the first Placing on the market;
" 2. Or by a laboratory authorized by the minister responsible for health.
" III. -The request for the amendment of an order made pursuant to the I shall be addressed to the Minister responsible for health
The composition of the application file shall be fixed by order of the Minister responsible for health, taken after notice of the The French Food Safety Agency.
" The Minister shall take a decision after the opinion of the French Food Safety
. Art. R. 1321-49. -I.-The person responsible for the production, distribution or packaging of water uses, in new installations or parts of installations undergoing renovation, from the point of collection in the resource Up to the points of conformity defined in Article R. 1321-5, materials and articles coming into contact with water intended for human consumption complying with the provisions of Article R. 1321-48
II. -Without prejudice to the provisions laid down in the I, the installation of lead piping or of any element of lead in the production, distribution or packaging of water intended for human consumption is prohibited
" An order of the Minister responsible for health, taken after the opinion of the French Food Safety Agency, defines the methods for assessing the potential for the dissolution of lead in water.
" Paragraph 3
"Processing and cleaning products and processes
" Art. R. 1321-50. -I.-Products and processes placed on the market and intended for the treatment of water intended for human consumption shall, under the normal or foreseeable conditions of their use, be in accordance with specific provisions defined by order The Minister responsible for health, to ensure
: 1 ° They are not susceptible, either intrinsically or through their residues, to directly or indirectly present a danger to human health or to cause alteration The composition of the water defined by reference to the values set by this order;
" 2 ° They are sufficiently effective.
" These provisions apply in whole or in part, according to the groups of products and processes of treatment and Their uses, including:
" 1 ° The list of substances and substances authorised for the manufacture of products or processing aids;
" 2. The purity criteria for certain substances and substances mentioned At 1 °;
" 3 ° The special conditions of use of the substances and materials referred to in 1 ° and the products in which these substances and substances were used;
4. If applicable, the specific migration limits of Constituents or groups of constituents in water;
" 5 ° Overall limits for migration of constituents in water;
" 6 ° The rules concerning the nature of the samples of the products to be used and the methods of analysis to be used Work for monitoring compliance with the provisions of 1 ° to 5 °;
" 7 ° The procedures for verifying the efficiency of the treatment process and, where appropriate, the minimum criteria in terms of processing efficiency;
" 8 ° Minimum requirements for consumer information.
" II. -The order referred to in the I specifies the conditions for attestation of compliance with the provisions of this I. This certificate is produced, according to the groups of products and processes of treatment and according to their uses:
" 1 ° by the person responsible First placing on the market;
" 2. Or by a laboratory authorized by the minister responsible for health.
" III. -The request for the amendment of an order made pursuant to the I shall be addressed to the Minister responsible for health
The composition of the application file shall be fixed by order of the Minister responsible for health, taken after notice of the The French Food Safety Agency.
" The Minister shall take a decision after the opinion of the French Food Safety
. IV. -The person responsible for placing on the market a product or process that does not correspond to a group or use provided for in the I shall, before the first placing on the market, send a request to the Minister of
. The Evidence of the safety and efficacy of the product or process provided by the person in charge of the first placing on the market shall be attached to the file of the application, the composition of which shall be determined by order of the Minister responsible for health, Taken after notice of the French Food Safety Agency.
" The Minister submits the request to the French Food Safety Agency.
" In the absence of favourable opinion, the placing on the market of these products And treatment processes for water for human consumption is prohibited.
" V.-The provisions of this Article shall not apply to biocidal products as they relate to marketing authorisation and Of the employment of components falling within the scope of Chapter II of Title II of Book V of the Environment
. They shall apply, under the conditions laid down in Article L. 522-18 of this Code, for substances And the biocidal products referred to therein, until the intervention of a decision concerning their entry on the lists provided for in Article L. 522-3 of the same
. Art. R. 1321-51. -The person responsible for the production, distribution or packaging of water, other than source water, shall use water treatment products and processes for human consumption, in accordance with the provisions of Article R. 1321-50.
" For source water, the applicable provisions are those of Article R. 1321-85.
" Art. A. 1321-52. -Applications for authorisation of laboratories referred to in Article R. 1321-48 and Article R. 1321-50 of Article R. 1321-50 shall be addressed to the Minister responsible for health
An order of the Minister responsible for health, taken after the opinion of the French Agency Of food safety, establishes the administrative and technical conditions for the authorisation of these laboratories, including their human and material means and the methods of analysis
. The Clearance Laboratories may concern laboratories having their registered office in another Member State of the European Union and justifying their means and using equivalent methods.
" Silence kept for more than six months On a clearance request is a rejection decision.
" Art. R. 1321-53. -The inland distribution network referred to in Article R. 1321-43 in Article R. 1321-43 may include, in the case of collective installations, a device for further processing of the quality of the water, provided that the final consumer has Also cold water not subject to this additional processing.
" A decree of the ministers responsible for construction and health, taken after the opinion of the French Food Safety Agency, defines: "
" 1 ° Modalities Application of the provisions of the first subparagraph for installations carried out before 22 December 2001;
" 2 ° The time periods, if any, necessary for the compliance of such installations;
" 3 ° Where, having regard to The seniority of the installations, it would be impossible, for technical or financial reasons, to carry out this compliance, the special conditions for monitoring the quality of the water thus distributed
Art. R. 1321-54. -The products used for the cleaning and disinfection of the production, distribution and packaging installations for human consumption shall be composed of constituents authorised under the conditions laid down in the Article 11 of Decree No. 73-138 of 12 February 1973 applying the Act of 1 August 1905 on fraud and falsifications in respect of processes and products used for the cleaning of materials and articles intended to come into contact with Foodstuffs, products and drinks for the food of man and animals
The terms and conditions of use of these products and the physical processes for cleaning and disinfecting the installations are subject to specific requirements Issued by order of the ministers responsible for consumption and health, taken after the opinion of the French Food Safety
. The disposal of water used for the cleaning and flushing of the facilities as well as The disposal of products resulting from the treatment of water should not be susceptible to harm to human health and the environment, or to constitute an unsafe source.
" Paragraph 4
"Maintenance and operation of installations
" Art. R. 1321-55. -The water distribution facilities referred to in Article R. 1321-43 shall be designed, constructed and maintained in such a way as to prevent the introduction or accumulation of micro-organisms, parasites or substances constituting a danger Potential for the health of persons or likely to cause a degradation of water quality for distributed human consumption, such as no longer meets the requirements set out in Articles R. 1321-2 and R. 1321-3.
" At the end of the treatment, distributed water should not be aggressive, corrosive or interfere with disinfection.
" These facilities shall, under normal maintenance conditions, ensure, at all points, the circulation of water. They must be fully cleaned, rinsed, drained and disinfected.
" The parts of the water distribution network reserved for another use that human consumption shall be distinguished from those determined by the present Section using specific signs. On any point of draw accessible to the public and dispensing water reserved for use other than human consumption, information must be provided to indicate the danger.
" The Ministers Responsible for Health and the Ministry of Health Construction, taken after notice from the French Food Safety Agency, define:
" 1 ° The technical arrangements for the application of the provisions of this Article, as well as any time-limits necessary for the implementation of the Compliance with existing installations;
" 2 ° The specific hygiene rules applicable to wells, fountains and sources accessible to the public, as well as those concerning tanks and tarpaults used temporarily in order to Provision of water users for human consumption.
" Art. R. 1321-56. -The networks and installations defined in 1 ° and 2 ° of Article R. 1321-43 shall be cleaned, rinsed and disinfected before being put into service. The person responsible for the production or distribution of water shall ensure the efficiency of such operations and the quality of the water prior to the first entry into service and after any intervention which may be the origin of the Degradation of this quality.
" The tanks that equip these networks and facilities shall be emptied, cleaned, rinsed and disinfected at least once a year. However, where the conditions of operation permit and the water distributed does not show any sign of deterioration of its quality, the person responsible for the production or distribution of water may ask the prefect that the frequency of the Flushing, cleaning, rinse and disinfection is reduced. The silence held for more than four months on this authorization request is valid for rejection.
" The prefect shall be informed by the person responsible for the production or distribution of water of the disinfection operations carried out in Operating course.
" Art. R. 1321-57. -The inland networks referred to in Article R. 1321-43 in Article 1321-43 shall not be fed by water from a resource which has not been authorised pursuant to Article L. 1321-7, unless otherwise provided by the Prefect. They shall not be able, due to the conditions of their use, in particular on the occasion of the phenomena of return of water, to disrupt the operation of the network to which they are connected or to cause contamination of the water distributed in the Private distribution installations.
" A decree of the ministers responsible for health and construction, taken after the opinion of the French Food Safety Agency, defines the cases where there is a need to put in place measures Protection and technical requirements applicable to such devices. It is up to the owners of the facilities to set up and maintain these devices.
" Art. R. 1321-58. -The piezometric height of the water distributed by the inland networks referred to in Article R. 1321-43 shall, for each network and at any point of making available, be at least three metres at the peak time of Consumption.
" Where the networks serve buildings of more than six storeys, superpressors and pressure vessels conforming to the provisions of Article R. 1321-55 may be implemented.
" The provisions of the Not applicable to distribution facilities existing before April 7, 1995.
" Art. R. 1321-59. -The use of inland water pipes for the ground of electrical appliances is prohibited.
" However, for distribution facilities that exist before December 22, 2001, and where there is no such device On the ground, this prohibition may, by way of derogation, not be applied provided that the safety of users and operators of water distribution installations is ensured.
" An order of ministers responsible for Construction and health shall define the procedures for the application of this Article
Art. R. 1321-60. -The maintenance of storage tanks and tarpaults equipping the internal networks referred to in Article R. 1321-43 shall be carried out and verified as often as necessary and at least once a
. Art. R. 1321-61. -The protection and treatment devices referred to in R. 1321-53 and R. 1321-57 equipping the collective distribution facilities shall be verified and maintained.
" An Order of Ministers Responsible for Health and Construction, taken after the opinion of the French Food Safety Agency, defines the frequencies and procedures for the verification and maintenance of protective devices. "
XXVI. -Subsection 4 is repealed.
XXVII. -Subsection 5, which becomes Subsection 4, is thus amended:
1 ° Sections R. 1321-62 and R. 1321-64 to R. 1321-66 are repealed;
2 ° Section R. 1321-63 is replaced by the following:
" Art. R. 1321-63. -For installations, services and bodies depending on the authority or placed under the tutelage of the Minister of Defence, an order of that Minister shall lay down the specific arrangements for the application of Articles R. 1321-6 to R. 1321-12, of the seventh paragraph of R. 1321-15, sections R. 1321-16 to R. 1321-18, the first paragraph of R. 1321-19, the first, second and fourth paragraphs of R. * 1321-21, sections R. 1321-22 to R. 1321-31, sections R. 1321-38 to R. 1321-42, R. 1321-55 and R. 1321-56. "
Sections 2 to 4 of Chapter I of Title II of Book III of the first part of the same code are thus amended:
I.-Section 2 is thus amended:
1 ° The heading of the section is replaced by The following title: " Provisions specific to waters of human consumption conditioned, excluding natural mineral waters " ;
2 ° Article R. 1321-69 is replaced by the following:
" Art. R. 1321-69. -This section applies to source waters and waters made available for use in conditioned treatment. " ;
3 ° Subsection 2 is repealed;
4 ° Subsection 3, which becomes Subsection 2, is entitled: " Packaged source water " ;
5 ° Article R. 1321-84 is thus amended:
(a) The first paragraph shall be replaced by the The following provisions:
" A source water is a water of groundwater, micro-biologically sound and protected from the risks of pollution. At emergence and in the course of marketing, it shall respect or satisfy the quality limits or references, relating to microbiological and physico-chemical parameters, defined by order of the ministers responsible for consumption and Health. " ;
(b) In the second paragraph, the word " Prepackaged " Is replaced by the word: " Conditioned " ;
6 ° Article R. 1321-85 is replaced by the following:
" Art. R. 1321-85. -Source waters shall be subject only to treatment or additions determined by order of the Ministers responsible for consumption and health
This Order sets out the technical conditions for use and, where appropriate, the time limits to be Comply with the different types of treatment allowed and the application procedure for the use of new types of treatment. " ;
7 ° Article R. 1321-86 is replaced by the following:
" Art. R. 1321-86. -Where the labelling of a refreshing beverage without alcohol indicates that it is made from a source water, that water shall comply with the provisions of this section. " ;
8 ° In Articles R. 1321-87 and R. 1321-88 and in the first paragraph of Article R. 1321-92, the word: Prepackaged " Is replaced by the word: " Conditioned " ;
9 ° The second paragraph of Article R. 1321-90 is replaced by the provisions Following:
" However, the reference to the suitability of source water for infant feeding is permitted under the same conditions as those provided for in Articles R. 1322-44-12 and R. 1322-44-13 for mineral waters Natural. " ;
10 ° Subsection 4, which becomes sub-section 3, is entitled: Waters Made Potable by Packaged Treatment " ;
11 ° Section R. 1321-91 is modified as follows:
a) The word: " Prepackaged " Is replaced by the word: " Conditioned " ;
b) Words: " Defined by the regulations adopted pursuant to Article L. 1321-10 " Are replaced by the words: " , relating to microbiological and physico-chemical parameters, defined by the Ministers Responsible for Consumer and Health Affairs " ;
12 ° A section R. 1321-92, the word: " Prepackaged " Is replaced by the word: " Conditioned " ;
13 ° Subsection 5 becomes subsection 4;
14 ° Article R. 1321-94 is thus Changed:
(a) In the second paragraph, the words: " Natural mineral water or " Are deleted;
(b) In the third paragraph, the words: " Natural mineral waters or " Are deleted;
15 ° Subsection 5 is completed by Article R. 1321-95, which is replaced by the following:
" Art. R. 1321-95. -The materials used for packaging shall satisfy the conditions laid down in Article R. 1322-36. "
II. -Section 3 is replaced by the following:
"Section 3
" Import Packaged Water Packaged
" Art. R. 1321-96. -The import of conditioned water, other than natural mineral water, and food ice of water origin shall be subject to authorisation issued by the prefect of the département where the importer requesting the authorisation of the First consumption in France, provided that it meets the requirements of this Code. The silence kept for more than six months on the application for an import permit shall be deemed to be a rejection decision. A copy of the prefectural authorization is presented during a customs check.
" However, the import of conditioned water and food ice of water from a Member State of the Union is not subject to authorisation European or other State Party to the Agreement on the European Economic Area and imported under the same designations as in the country of origin
Art. R. 1321-97. -The provisions of R. 1322-44-19 to R. 1322-44-23 are applicable for the importation of conditioned water, other than natural mineral waters, and water-borne food ice. "
III. -The heading of Section 4 is replaced by the following title: Public Distribution Water Information ".
Chapter II of Title II of Book III of the first part of the same code is thus amended:
I.-The title of the chapter is replaced by the following title: Natural Mineral Waters ".
II. -Sections 1 to 4 are replaced by the following:
"Section 1
" Scope, definition, characteristics
" Art. R. 1322-1. -This chapter applies to the exploitation of natural mineral waters for:
" 1 ° The packaging of water or its import in conditioned form;
" 2 ° Use for therapeutic purposes in a thermal establishment Water and its derived products;
" 3 ° The distribution in public water of water, outside the framework of a spa.
" Art. R. 1322-2. -A natural mineral water is a microbiologically healthy water, meeting the conditions laid down in Article R. 1322-3, originating from a sheet or underground deposit operated from one or more natural or forked natural emergences Source. It testifies, within the framework of known natural fluctuations, of the stability of its essential characteristics, in particular its composition and its temperature at emergence, which is not affected by the flow of water from the
. She 's Distinguishes other waters intended for human consumption:
" 1 ° By its nature, characterised by its content of minerals, oligoelements or other constituents;
" 2 ° By its original purity,
" one and the other characteristics having been Preserved intact due to the underground origin of this water, which was kept safe from pollution.
" These characteristics must have been assessed on the geological and hydrogeological, physical, chemical, Microbiological and, if necessary, pharmacological, physiological and clinical, in accordance with sections R. 1322-5 and R. 1322-6.
" Art. R. 1322-3. -Natural mineral water shall not contain a number or concentration of micro-organisms, parasites or any other substance constituting a danger to public
. It also meets quality criteria Microbiological and physico-chemical, defined by order of the Minister responsible for health and, if the water is conditioned, by joint order of the Ministers responsible for consumption and health
Physicochemical constituents The subject of a regulatory limit of concentration is naturally present in natural mineral water and does not result from contamination of the source or treatment.
" The above requirements are met in the Following compliance points:
" 1 ° At emergence, for all water quality parameters, taking into account the subsequent implementation of authorised treatment;
" 2 ° And, according to the cases, to the point where the waters are conditioned, to the Thermal use points or public drink distribution points.
" During its marketing, the natural mineral water conditioned meets the quality criteria defined above.
" Art. R. 1322-4. -Where the labelling of a refreshing beverage without alcohol indicates that it is made from natural mineral water, that water shall comply with the provisions of this Chapter.
" Section 2
"
operating rules for a natural mineral water source
" Subsection 1
"Natural mineral water authorization and administrative discovery
" Paragraph 1
" Procedure Authorization
" Art. R. 1322-5. -The application for an authorisation to operate a natural mineral water source, as provided for in Article L. 1322-1, for a project of packaging, use for therapeutic purposes in a thermal or distribution facility Is addressed by the owner or operator to the prefect of the department or departments on which the installations are located.
" Request folder includes:
" 1 ° The name of the applicant;
" 2 ° A study The geological and hydrogeological characteristics of the affected aquifer sector determining the characteristics of the water;
" 3 ° Results of analyses of chemical, physico-chemical and microbiological characteristics to evaluate The purity of the water of the resource used and its stability;
4 ° Where applicable, a clinical and therapeutic assessment;
" 5 ° The opinion of the approved hydrogeologist in the field of public health, specially appointed by the prefect for the study of the Folder;
" 6 ° Justification for the products and processing procedures to be implemented;
" 7 ° The description of water production and distribution facilities;
" 8 ° The description of the supervisory arrangements Water quality.
" The information on the record shall be specified by order of the Minister responsible for health
The costs of establishing the file, including compensation for the approved hydrogeologist in public health Under the conditions laid down in Article R. 1321-14, shall be borne by the applicant.
" Art. R. 1322-6. -The prefect of the establishment of the site of the final site of the source, after having obtained the opinion of the approved hydrogeologist in the field of public health, specially appointed for this purpose, submits a summary report and a draft decree Motivated by the advice of the departmental board of the environment and health and technological
. The prefect transmits the draft decree to the applicant and informs him of the date and place of the meeting of the departmental council. The applicant or his representative may request to be heard by the Departmental Council or submit his written observations to the Prefect
In the case where the installations are located in different departments, the prefect of the département where Is considered the final location of the source coordinates the procedure.
" Art. R. 1322-7. -When it is intended to use water for therapeutic purposes in a thermal establishment or when the petitioner wishes to report favourable effects on the health of a water intended for the preparation or distribution of water in a public drink, The prefect, after favourable opinion of the departmental board of the environment and of the health and technological risks, informs the applicant that he may proceed to clinical and therapeutic studies.
" The Prefect shall transmit a copy of the Request, completed clinical and therapeutic studies, to the Minister of Health who is seeking advice from the National Academy of
. The National Academy of Medicine shall decide within four months from the receipt of the File. The Minister responsible for health shall immediately forward his opinion to the Prefect. In the absence of an opinion expressed at the end of the four-month period, the opinion is deemed to be unfavourable.
" In the case of a revision of the authorisation to operate, the opinion of the National Academy of Medicine is not required if the characteristics of the water Mineral are unchanged from the authority to operate in effect.
" Art. R. 1322-8. -The decision on the application for authorisation to operate a natural mineral water source shall be taken by prefectural order prior to the implementation of the project. In the case of a coordinated procedure, it shall be decided jointly by the prefects concerned. These orders are motivated.
" The prefectural order of authorisation shall include, in particular, the identification of the holder of the authorisation to operate, the use of natural mineral water, the names and places of the emergences which constitute the source, the name of the The source, the final place of operation of the source, the protective measures and the conditions for the exploitation of the covers, the description of the sanitary perimeter of emergence, the modalities of the sanitary control, where appropriate the measures of Monitoring of old abandoned captures, monitoring procedures, including laboratory type, water characteristics of each emergence and source, products and processing processes used.
" If it is Of natural mineral water conditioned, the order also specifies the commercial designation and the labelling particulars.
" A reference to the order for authorisation to operate shall be published in the compendium of administrative acts of the State in the Department.
" The silence kept by the prefect for more than four months on the application for authorisation to exploit is worth a decision to reject. That period shall be suspended during the period allowed for the production of parts claimed by the prefect or extended to six months when the opinion of the National Academy of Medicine is required
Authorisation to operate a natural mineral water source Is an administrative recognition of its natural mineral water quality within the meaning of Article L. 1322-2
Art. R. 1322-9. -Before the holder of the authorisation referred to in Article R. 1322-8 makes available to the public natural mineral water, the Prefect shall, within two months of having been seized, make the verification of the conformity of the Elements on the basis of which authorization was granted.
" The collection of facilities and the nature of sampling and analysis of water quality verification samples shall be determined by order of the Minister responsible for health. They are made at the expense of the operator.
" Where the results of the analyses and the harvest are in conformity, a record shall be sent to the holder of the authorisation, permitting the distribution of water to the public. Otherwise, the prefect's refusal is justified. The water distribution is deferred until a new verification, under the conditions set out above, has found compliance.
" In all cases, the minutes shall be forwarded to the holder of the
. Art. R. 1322-10. -In the absence of the installation of the facilities within five years from the date of notification of the order referred to in Article R. 1322-8 or where the operation has been interrupted for more than three consecutive years, Authorization to operate a natural mineral water is deemed to have lapsed.
" Art. R. 1322-11. -Where the natural mineral water is conditioned and the result of the verification referred to in Article R. 1322-9 is in conformity, the prefect shall send a copy of the order for the authorization of exploitation to the Minister responsible for health, for Notification to the European Commission for publication in the Official Journal of the European Union. The same applies to the amending order.
"Paragraph 2
" Amending procedures
" Art. R. 1322-12. -The holder of an authorisation to operate shall declare to the prefect any project for modification of the installations and the conditions of operation mentioned in the prefectorial authorisation of authorisation and shall forward all the relevant elements to it for The assessment of the project, prior to its execution.
" The prefect shall act on this declaration within two months, or by making an amending order, or, pursuant to Article L. 1322-1, by inviting the holder of the Authorisation, if necessary after consulting a hydrogeologist approved in the field of public health under the conditions laid down in Article R. 1321-14, to request a review of the initial authorisation. Failing a decision within this period, the proposed amendment shall be deemed to have been accepted.
" Consultation with a hydrogeologist is required when the requested changes affect the operating rate.
" Art. R. 1322-13. -The holder of the authorisation to operate a source of natural mineral water which requests the revision may, where the samples from one or more additional emergences have the consequence of drying up already exploited or Substantially affect its flow, file a claim for exemption from the procedure set out in sections R. 1322-5 to R. 1322-11, in order to obtain a provisional authorization to operate the source in its new configuration prior to providing all Required analyses.
" Provisional authorization may be granted only if the water comes from the same deposit and if no significant difference in water characteristics is found.
" The silence kept by the prefect for more than Four months on the claim for exemption is a rejection decision.
" The prefectural order granting provisional authorisation, taken after the opinion of the approved hydrogeologist in the field of public health under the conditions laid down in Article R. 1321-14 And the Departmental Council on the Environment and Health and Technology Risks, states in particular:
" 1 ° The time limit for providing missing analyses;
" 2. If necessary, the specific operating requirements and Special arrangements for the supervision of the operator as well as those of the health check.
" At the end of the verification referred to in Article R. 1322-9, the making available to the public of natural mineral water shall not be Maintained only with the agreement of the prefect.
" At the end of the period laid down in the prefectural decree referred to in the fourth paragraph, the prefect shall decide on the final authorisation by a further order, taken after the advice of the departmental council of Environment and health and technology risks.
" Art. R. 1322-14. -The Prefect may take, on his own initiative or at the request of the operator and in accordance with the procedure laid down in Article R. 1322-6, an amending order of the order of authorization, if he considers that the maintenance of certain provisions is no longer Justified or additional requirements are required to ensure the safety of distributed water.
" Before taking its order, the Prefect may prescribe to the operator, by reasoned decision, the supply or updating Elements contained in the application for authorisation dossier and the production of additional operating balances. These measures are the responsibility of the operator.
" Art. R. 1322-15. -The change in the name of the source, owner or operator, without modification of the operating conditions, is the subject of a declaration to the prefect
In the case of assignment, the person newly holder of the authorisation shall Evidence that it meets the conditions set out in R. 1322-16 relating to the existing sanitary perimeter.
"Subsection 2
" Protection of the Resource
"Paragraph 1
" Emergence health device
" Art. R. 1322-16. -The order for authorisation to operate a natural mineral water source determines a sanitary scope of emergence for which the owner must have, for each emergence, the full ownership or the acquisition of easements guaranteeing his Protection from accidental or accidental pollution. The grounds included in this perimeter are fenced.
"Paragraph 2
" Public interest declaration and protection scope
" Art. R. 1322-17. -The request to declare a natural mineral water source of public interest and to assign it a perimeter of protection, as provided for in Article L. 1322-3, shall be addressed to the Prefect
This request may be attached to the application Authorization to operate pursuant to L. 1322-1.
" The request folder includes:
" 1 ° For an application for a declaration of public interest, the statement of reasons for the application and the description of the conditions Operating the source;
" 2 ° For a request for the assignment of a perimeter of protection, a justification for the right of way and easements, as well as the opinion of the approved hydrogeologist in the field of public health, especially Designated by the Prefect to study the file.
" The information on the record is specified by an order of the Minister responsible for health.
" The Prefect shall collect the opinion of the approved hydrogeologist in the field of public health in the Article R. 1321-14. This notice shall include, inter alia, the rate of operation, the justification and the determination of the scope of protection and the protective measures to be
. In the event that the requested perimeter of protection is located in The prefect of the department where the location of the source is considered coordinates the procedure.
" Art. R. 1322-18. -Where the application is considered to be regular and complete, it shall be subject to public inquiry. This shall be carried out under the conditions laid down in Articles R. 11-4 to R. 11-14 of the Code of Expropriation for reasons of public
. The order of the prefect or prefects concerned, taken pursuant to Article R. 11-4 of the same Code, Refers to municipalities where a record and record of inquiry must be made available to the public. It shall be published by way of posters in the municipalities on whose territory the requested protection perimeter is located.
" After the close of the investigation, the investigating commissioner or the chairman of the inquiry commission shall convene the Petitioner, with a period of eight days, and shall communicate the written and oral observations collected in the course of the public inquiry and recorded in the minutes, by inviting him to submit his reply within a time limit of twenty-two Days.
" The investigating commissioner or the chairman of the commission of inquiry shall send the file of the investigation, together with its reasoned conclusions, to the prefect, within 15 days of the applicant's reply, or the expiry of the time limit for To produce the response.
" Art. R. 1322-19. -The municipal council of each municipality in the territory of which the requested protection perimeter is situated shall be called upon to give its opinion on the request, immediately after the opening of the public inquiry. Only the opinions expressed at the latest within 15 days after the close of the register of inquiry
be taken into account. Art. R. 1322-20. -In the light of the record of the investigation and the opinions issued, the Prefect shall draw up a summary report on the application and the results of the investigation, accompanied by reasoned proposals on the follow-up to the request, and shall submit them for opinion to the Council Departmental environmental and health and technological risks of the departments concerned.
" The procedure referred to in R. 1322-6 shall apply.
" Art. R. 1322-21. -The prefect transmits the file, to which all the opinions collected are attached, to the Minister responsible for health
Art. R. * 1322-22. -The request for a declaration of public interest from a source of natural mineral water and the assignment of a perimeter of protection by decree in the Council of State, taken on the report of the Minister responsible for health
The Silent Silence For more than six months on the application is a rejection decision. This period may be suspended during the period allowed for the production of the missing parts claimed by the prefect.
"Paragraph 3
" Work within the perimeter of the Protection
" Art. R. 1322-23. -The application for prior authorisation provided for in the first paragraph of Article L. 1322-4 to carry out a survey or underground work within the scope of protection shall be addressed to the Prefect
The contents of the file, which include Description of proposed works, is defined by order of the Minister responsible for health.
" Art. R. 1322-24. -The prefect, after obtaining the opinion of the approved hydrogeologist in the field of public health under the conditions laid down in Article R. 1321-14, specially appointed for that purpose, shall submit a summary report and a draft order for the opinion of the Departmental Council on the Environment and Health and Technology
. The Prefect transmits the draft decree to the holder of the authorisation to exploit the source and informs him of the date and place of the meeting of the council Département, in accordance with the procedure laid down in Article R. 1322-6.
" The silence kept by the prefect for more than four months on the application is a rejection decision. That period shall be suspended during the period allowed for the production of missing parts claimed by the prefect and extended to six months in the event that the latter seeks the expertise of a competent body at national
. Art. R. 1322-25. Article L. 1322-5, when seized by the owner of a natural mineral water source of a request to prohibit work undertaken within the scope of protection, the prefect shall, at the expense of the Applicant, by the approved hydrogeologist in the field of public health under the conditions laid down in Article R. 1321-14, specially designated for this purpose, the risks of alteration or decrease of the source.
" Art. R. 1322-26. -In the presence of interested parties, the operations of tracing, gauging and all other investigations deemed useful to establish the influence of the work which gave rise to the request for a ban on the hydrogeological regime The source and the composition of its waters. A verbatim record shall be drawn up jointly by the parties. The Prefect shall act in accordance with the provisions of Article L. 1322-5
Art. R. 1322-27. -It shall be carried out in accordance with the provisions of Article R. 1322-26 where the owner of a natural mineral water source declared in the public interest requests the Prefect to provisionally order, pursuant to Article L. 1322-6, the Suspension of a survey or underground work undertaken outside the scope of protection and reports as such that the flow rate of the source is impaired or decreased.
" Subsection 3
"Hygiene Rules
" Paragraph 1
"General
" Art. R. 1322-28. -Installations for the operation of natural mineral water shall be designed, carried out and maintained in such a way as to avoid any possibility of contamination or modification of the essential characteristics of the water as it is present To emergence. They include adequate quantitative and qualitative monitoring of water, permanent and registered.
" The operating conditions meet the requirements of hygiene and shall not affect health.
" Art. R. 1322-29. -The operator shall ensure that all stages of the production and distribution of natural mineral water under its responsibility comply with the hygiene rules. It applies standard hazard analysis and critical point control procedures based on the following principles:
" 1 ° Identify any danger of preventing, eliminating or reducing to an acceptable level;
" 2 ° Identify critical points at which monitoring is required to prevent or eliminate a hazard or to reduce it to an acceptable level;
" 3 ° Establish, at the critical surveillance points, the limits that differentiate Acceptability of unacceptability for the prevention, elimination or reduction of identified hazards;
" 4 ° Establish and implement procedures for effective monitoring of critical points;
" 5 ° Establish corrective actions to Implement when monitoring reveals that a critical point is not mastered;
" 6 ° Establish procedures performed periodically to verify the effectiveness of the measures mentioned at 1 ° to 5 °;
" 7 ° Establish documents and Files adapted to the nature and size of the operation to prove the effective application of the measures mentioned in the 1 ° to 6 °.
" The operator shall adapt the procedure following each modification of the product, process or Production steps.
" Art. R. 1322-30. -The operator shall forward to the prefect an annual summary report including a table of the results of analyses and any information on the quality of the natural mineral water and on the operation of the operating system, in particular the Monitoring, work and malfunctions. It also indicates the changes to the monitoring procedures referred to in Article R. 1322-29 for the following year.
" Documents prepared on the basis of monitoring by the operator shall be made available Officers of the authorities responsible for checks on the premises of the establishments for a period of three years. They shall indicate the references of the laboratory authorised to carry out, pursuant to Article R. 1322-44, the monitoring
. Art. R. 1322-31. -The provisions of Article R. 1321-49 shall apply to the operator of natural mineral
. In addition, the operator shall use materials in contact with natural mineral water compatible with its composition in such a way as to Prevent chemical, physicochemical, microbiological and organoleptic alteration of water quality as it occurs at emergence.
" Art. R. 1322-32. -The treatments or additions whose natural mineral waters may be subject are those on a list determined by order of the Minister responsible for health and, if it is a condition of water, by order of the ministers responsible for the Consumption and health, under the conditions set out in Article L. 1322-2, 4 ° II. The order sets out the technical conditions for the use of the treatments or additions and, where appropriate, the time limits to be respected between the different types of treatment and addition and the application procedure for the use of new types of Treatment or addition of natural mineral water.
" Art. R. 1322-33. -The products used for the cleaning and disinfection of the installations shall be composed of constituents which meet the conditions laid down in Article R. 1321-54.
" Specific terms and conditions of use of the products and processes used in A thermal establishment shall be fixed, as necessary, by order of the Minister responsible for health
Their use must not present a danger to human health or cause a change in the composition of the water. The disposal of the water used for the cleaning and flushing of the facilities and the disposal of the products resulting from the treatment of the water shall not affect the health of persons and the environment or constitute a source Unhealthy.
" Art. R. 1322-34. -The natural mineral water distribution system is specific and identified with respect to other water distribution systems.
"Paragraph 2
" Terms Packaging-specific
" Art. R. 1322-35. -Natural mineral water is a foodstuff within the meaning of Regulation (EC) No 852/2004 of 29 April 2004 of the European Parliament and of the Council on the hygiene of
. Art. R. 1322-36. -Materials used for the packaging of natural mineral water, within the meaning of Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with foodstuffs Foodstuffs, are processed or manufactured and used in such a way as to avoid any alteration of the chemical, microbiological and organoleptic characteristics of the
. Art. R. 1322-37. -The transport of conditioned natural mineral water is carried out in the containers intended for the final consumer.
"Paragraph 3
" Special provisions at Thermalism
" Art. R. 1322-38. -Reuse of recycled natural mineral water in a spa for therapeutic purposes is prohibited except in group baths.
" Subsection 4
"Monitoring and health monitoring of natural mineral water
" Paragraph 1
" Common provisions and analysis programs
" Art. R. 1322-39. -Monitoring shall be the responsibility of the operator and shall include any verification of compliance with the laws and regulations relating to the waters under
. Art. R. 1322-40. -Health control is exercised by the prefect. It shall include any verification operation referred to in Article R. 1321-15.
" Art. R. 1322-41. -Verification of the quality of natural mineral water shall be carried out in accordance with a programme of analyses consisting of the monitoring and sanitary control operations provided for in Articles R. 1322-9, R. 1322-39 and R. 1322-40. An order of the Minister responsible for health shall specify the nature and frequency of the analyses, depending on the type of operation of the water, as well as the arrangements for the adaptation of the
. The sampling locations shall be determined by Stopped prefect.
" Art. R. 1322-42. -In the framework of the provisions of Article R. 1322-14, the Prefect may impose additional tests on the operator as defined in Article R. 1322-41 in the following assumptions:
" 1 ° Water does not meet the criteria of Quality set out in the order referred to in R. 1322-3;
" 2 ° Water shows signs of instability or degradation;
" 3 ° Some people have problems or symptoms of a disease in relation to water use Distributed;
" 4. Elements have shown that a substance, a figurative element or a micro-organism for which no quality criterion is fixed may be present in quantities or in number constituting a potential danger to the health of the People;
" 5 ° Work or development in progress on installations is likely to affect the health of people.
" Paragraph 2
"Monitoring
" Art. R. 1322-43. -The natural mineral water monitoring programme shall comprise a main part defined in Article R. 1322-41 and a complementary part defined by the operator in relation to the hazards identified in accordance with the provisions of the R. 1322-30.
" Art. R. 1322-44. -Samples and analyses for the monitoring of natural mineral waters are carried out by a laboratory that meets the requirements defined by the Minister responsible for health. These samples and analyses are carried out by the laboratory located in the water-conditioning plant or in the thermal establishment or, failing that, by a laboratory:
" 1. Be approved under the conditions laid down in Article R. * 1322-44-3, for The carrying out of water health check samples and analyses for the parameters concerned;
" 2. Either accredited by the French Accreditation Committee or by any other accreditation body which is a signatory to a Multilateral recognition within the framework of the European coordination of accreditation bodies, for the implementation of sampling and analysis of the parameters
. Pickups can be performed by an agent of The water conditioning plant or the thermal establishment provided that the sampling activity is included in the field of application of the quality management system set up by the operator
The results of these analyses Supervision shall be transmitted to the prefect in accordance with arrangements laid down by the prefectural
. Art. R. 1322-44-1. -The operator shall immediately bring to the attention of the prefect any incident which may have consequences for public health, concerning in particular the water resource and the arrangements for its development, the conditions for the transport of water and its Retention to the point of use and the steps taken to fix it.
"Paragraph 3
" Health Check
" Art. R. 1322-44-2. -The verification of water quality carried out by the Prefect, under the provisions of Article R. 1322-40, shall include a programme for the analysis of the sanitary control of natural mineral
. For the implementation of this programme, Samples of water are taken by the prefect or agents of a laboratory approved by the Minister responsible for health under the conditions referred to in Article R. * 1322-44-3.
" Art. R. * 1322-44-3. -The analyses of water samples carried out during the health check provided for in Article R. 1322-40 and their performance characteristics shall be defined by an order of the Minister responsible for health, taken after the opinion of the French Agency for Food safety.
" They are carried out by a laboratory which must obtain prior approval from the Minister responsible for health. Such authorisation may concern laboratories having their registered office in another Member State of the European Union, justifying their own means and using equivalent methods. An order of the Minister responsible for health, taken after the opinion of the French Food Safety Agency, lays down the administrative and technical conditions for the approval of these laboratories, including their human and material resources As well as the analysis methods implemented.
" The silence retained for more than six months on the application for approval shall be deemed to be a rejection
. Art. R. 1322-44-4. -Approved laboratories shall address the results of the analyses to be carried out by the prefect and the operator
Art. R. 1322-44-5. -The costs of sampling and analysis of the monitoring and sanitary control of the natural mineral water provided for in this subsection shall be fixed in accordance with the procedure referred to in the second subparagraph of Article R. 1321-19. They are at the expense of the operator.
"Subsection 5
" Terms and conditions for handling natural mineral water quality non-compliance
" Art. R. 1322-44-6. -Where the quality limits of the natural mineral water set out in the order referred to in R. 1322-3 are not complied with, the operator shall be
: 1 ° To inform the prefect immediately;
" 2 ° To take any action without delay Necessary to ensure that the non-compliant water cannot be consumed by the end user, including whether it has been marketed, or distributed in thermal care stations and to provide immediate information to consumers or consumers. Curists, with appropriate advice;
" 3 ° Immediately conduct an investigation to determine the cause of the exceedance of the quality limits and to bring the findings and conclusions of the findings to the attention of the prefect without delay Survey;
" 4 ° To inform the prefect of the measures taken to remove the cause of the exceedance of quality limits.
" Art. R. 1322-44-7. -In the case referred to in Article R. 1322-44-6, the marketing of conditioned water, its distribution in public waters or its use in a thermal establishment shall not be resumed until the quality of the water is Re-conforming to the quality criteria set out in the Order referred to in R. 1322-3.
" Art. R. 1322-44-8. -Without prejudice to the provisions of Articles R. 1322-44-6 and R. 1322-44-7 and whether or not the quality criteria have been met, the Prefect, when he considers that the exploitation or use of water constitutes a danger to the health of persons, Requires the operator to take any action necessary to protect the health of persons or to interrupt the operation.
" The operator shall inform the prefect of the effective application of the measures taken.
" Section 3
"Consumer Information
" Subsection 1
" Consumer Information Conditioned natural mineral water
" Art. R. 1322-44-9. -The natural mineral waters conditioned are held for sale, sold, sold or distributed free of charge, under one of the following sales names:
" 1 ° "Natural mineral water or" natural mineral water not Gas, which refers to non-effervescent natural mineral water, i.e., does not spontaneously release carbon dioxide at emergence in a manner that is clearly perceptible under normal conditions;
" 2 ° " Naturally natural mineral water Gas or " carbonated natural mineral water, which means effervescent water whose carbon dioxide content from the source, after possible settling and conditioning, is the same as for emergence, taking into account, if applicable, the Re-incorporating a quantity of gas from the same slick or deposit equivalent to that of the gas released during such operations and subject to the usual technical tolerances;
" 3 ° " Natural mineral water enhanced with gas The source, which designates an effervescent water whose carbon dioxide content from the same or the same deposit, after possible settling and conditioning, is greater than that found at emergence;
" 4 ° " Mineral Water Natural with the addition of carbon dioxide, which designates an effervescent water by the addition of carbon dioxide from a source other than the slick or deposit from which it is derived.
" The sales name shall be accompanied by the words "Completely degassed, where the water to which the said reference applies has been treated for the total elimination of its free carbon dioxide, or by the mention" partially degassed when this elimination is partial. These eliminations can only result from the use of exclusively physical processes.
" Art. R. 1322-44-10. -The labelling of natural mineral waters which are held for sale, put for sale, sold or distributed free of charge, shall include, in addition to the particulars provided for in Article R. 112-9 of the Consumer Code, the following particulars :
" 1 ° The name of the source consisting of one or more natural or forked emergences;
" 2 ° The place of exploitation and, in the cases provided for by the provisions of Article R. 112-9 of the same code, the reference to the country of origin;
" 3 ° Analytical composition of conditioned natural mineral water related to its characteristic constituents;
" 4. Where applicable, the indication for treatment with ozone-enriched air;
" 5 ° Where applicable, the reference Other treatments for the separation of certain undesirable constituents, with the exception of the filtration or settling operation;
" 6 ° Warnings relating to contents of certain constituents;
" 7 ° Business designation, when different from the source name;
" 8 ° The sales name referred to in R. 1322-44-9 of this Code.
" A decree of the ministers responsible for consumption and health sets out the modalities Application of the provisions referred to in the 4 °, 5 ° and 6 °, in particular the concentration limits above which a statement is required on the labelling of the conditioned waters and the time limits for applying that provision.
' Art. R. 1322-44-11. -Where the commercial designation of a specified natural mineral water differs from the name of the source or place of operation, the indication of that name or place shall be in characters whose height and width are at least equal to one And a half times those of the largest of the characters used to indicate the business designation.
" The marketing of natural mineral water from the same source under several trade designations is prohibited.
" The provisions of this Article shall apply to any form of labelling or advertising
Art. R. 1322-44-12. -The particulars of the mineralization, if established on the basis of officially recognised physico-chemical analyses, may appear on the packaging, the labels of a natural mineral water and in the advertising concerning This water.
" Art. R. 1322-44-13. -No indication of natural mineral water for the prevention, treatment or cure of a human disease, with the exception of references, established on the basis of official physico-chemical analyses Recognized, the list of which is fixed by the Ministers responsible for health and
. Art. R. 1322-44-14. -Is prohibited on packages, labels and in advertising, in any form, any indication, name, trade mark or trade mark, image or other figurative sign or not, which, being applied to mineral water Natural, suggests a characteristic that this water does not possess as regards in particular the origin, the date of the authorisation to operate, the results of analyses or any reference analogous to the guarantees of authenticity.
" Art. R. 1322-44-15. -The analytical composition of a water which is the subject of an encrypted description on the packaging, the labels and in the advertising shall not be different from that presented by the water to which the said statement relates. However, differences in the composition of natural mineral water resulting from natural fluctuations that do not affect the stability of essential water characteristics are not considered to be differences within the meaning of this
. A container used for the conditioning of natural mineral waters shall be fitted with a closure system designed to avoid any possibility of falsification or contamination.
" Subsection 2
"Curists information
" Art. R. 1322-44-16. -The head of the spa shows the information of the curists and the staff involved in the establishment, including:
" 1 ° The therapeutic qualities of the natural mineral water used and its Possible usage restrictions;
" 2 ° The essential characteristics of water;
" 3 ° If applicable, the processing implemented;
" 4 ° Where applicable, reheating or cooling water;
" 5 ° Date of last Health check and analysis results.
"Subsection 3
" Public Drinks Consumer Information
" Art. R. 1322-44-17. -The official responsible for the distribution of natural mineral water in public display shall display the information on the spot, in particular:
" 1 ° Permission to distribute this water to the public;
" 2 ° Characteristics Essential for this water;
" 3 ° If applicable, the processing implemented;
" 4. Where appropriate, the positive health effects and risks associated with the prolonged consumption of this water;
" 5 ° The last check date Health and analysis results.
"Section 4
" Importing packaged natural mineral waters
" Art. R. 1322-44-18. -A natural mineral water is freely imported if it is listed, published in the Official Journal of the European Union, of natural mineral waters recognised as such by the Member States of the European
. Naturally imported natural mineral water is also imported from a Member State of the European Union or another State Party to the Agreement on the European Economic Area and imported under the same designations as in the country Of origin.
" In other cases, natural mineral water may be imported after authorization by the prefect of the département where the importer requesting the authorisation of the first consumption in France is registered, under Reservation that the water meets the requirements of this Code. The decision of the prefect is motivated. Silence kept for more than four months on the import authorization request is valid for rejection.
" The authorisation shall be mentioned in the compendium of administrative acts of the State in the département. It shall be recognised as natural mineral water under Article 1 (2) of Directive 80 /777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the operation and implementation in Trade in natural mineral waters.
" The prefect shall forward to the Minister responsible for health a copy of the order for import authorisation, for notification to the European Commission and for publication in the Official Journal of the Union European.
" A copy of the prefectural authorization is presented during a customs check.
" Art. R. 1322-44-19. -The import authorisation shall be granted for a period of five years, renewable if it is certified by the authority authorised for that purpose by the country of origin, before the expiry of its validity, that the water meets the requirements of this code
Art. R. 1322-44-20. -An order of the Ministers responsible for customs and health shall determine the administrative and technical arrangements for the issue of the import authorisation, in particular on the items mentioned in the 1 ° to 3 ° and 6 ° to 8 ° of Article R. 1322-5.
" Art. R. 1322-44-21. -The holder of an import authorisation shall immediately notify the prefect of any changes to the operating
. The prefect who has granted permission to import natural mineral water may, in case of variation The quality of the water identified by the supervisory authorities or reported by the holder of the authorisation and if that water presents a danger to public health or no longer meets the regulatory quality requirements to suspend, by a decision For a period of up to four months. It shall inform the Minister responsible for the health of this decision for notification to the European
. At the end of this period, the authorisation may be withdrawn by the prefect
Art. R. 1322-44-22. -The import of conditioned water is not subject to the prior authorisation regime when it is only for the personal use of an individual and the fuelling.
" The same applies when it is intended for distribution under Form of samples or consumption at special events in which it is not the subject of an act of sale. In this case, the operator shall submit to the customs control services a document attesting to the lack of intention to sell the water
Art. R. 1322-44-23. -The costs of the authorisation procedures for the import of natural mineral water shall be borne by the applicant. "
Chapter IV of Title II of Book III of Part I of the Code is thus amended:
I.-Article R. 1324-1 is replaced by the following provisions:
" Art. R. 1324-1. -Offences under the provisions of R. 1321-48, I, IV and V of R. 1321-50, the first paragraph of R. 1321-54, sections R. 1321-86 to R. 1321-95, the last paragraph of R. 1322-3, sections R. 1322-4, R. 1322-36 and R. 1322-37 and R. 1322-44-9 to R. 1322-44-15 are found in the conditions set out in Chapters II to VI of Title I of Book II of the Consumer Code and are punishable by the penalties provided for in Article L. 214-2 of that Code. "
II. Article R. 1324-3 is repealed.
III. -Article R. 1324-4 is replaced by the following:
" Art. R. 1324-4. -Amendments to the conditions of operation, processing and use, authorized by order, without obtaining the prior revision of this authorisation shall be punishable by the fine for the tickets of the 5th class. "
IV. -Article R. 1324-6 is replaced by the following:
" Art. R. 1324-6. -The fact of making water available to the public without the consent of the prefect provided for in Article R. 1321-10 or Article R. 1322-9 shall be punishable by the fine for the tickets of the 5th class. "
Schedules 13-1, 13-2, 13-3 and 13-4 of the same code are repealed.
I. -In Title II, point 2, of the annex to the decree of 19 December 1997, the table entitled: Decree No. 2001-1220 of 20 December 2001 concerning water intended for human consumption, excluding Natural mineral waters " Is deleted.
II. -The table entitled: Public Health Code (Regulatory Party) " Is completed by four lines as follows:
You can view the table in OJ
No 10 of 12/01/2007 text number 20
Article R. 412-27 of the Forest Code, the reference to Article R. 1321-6 of the Public Health Code is replaced by the reference to Article R. 1321-8.
I. -Authorizations to operate a water for human consumption in force on the date of publication of this Order, including those relating to the use of natural mineral water in a Thermal establishment, are:
1 ° If the water is distributed to the public, deemed to be issued pursuant to the provisions of this Decree, on the date of its publication;
2 ° If the water is not distributed to the public, subject to the period of caducity Pursuant to Article R. 1321-10 or Article R. 1322-10 of the Code of Public Health, in the drafting of this
. -On the date of publication of this Decree:
1 ° If an application for authorisation to exploit natural mineral water, under investigation by the Minister responsible for health, relates to a comprehensive packaging project, for use in a Thermal establishment for therapeutic purposes or for distribution in public drinking water, the prefect completes the instruction and decides on this request. In this case, the reference or opinion issued by the National Academy of Medicine, if it is already carried out or is already rendered, shall be considered validly made or rendered under Article R. 1322-7 of the Public Health Code, in its Writing from this Decree;
2 ° For any other application under investigation, the applicant shall re-file it in accordance with the provisions of Article R. 1322-5 of the same Code, in the wording of this Decree. In the case of an application to amend an existing authorisation, it shall be dealt with in accordance with Article R. 1322-12 of the same Code, in the wording of this
. -The provisions applicable to the authorisation of laboratories referred to in Article R*. 1321-52 of the Code of Public Health, as drawn up by this Decree, shall be applicable within one year of the publication thereof.
The laboratories entitled on the basis of Article R. * 1321-48, in its drafting Prior to this Order, remain until the expiration of this period.
IV. -The provisions applicable to the approval referred to in the second paragraph of Article R. * 1322-44-3 of the Public Health Code, as drawn up by this Decree, shall apply within one year of the publication of
laboratories approved on the basis of Article R. 1322-33, in its drafting prior to this Decree, shall remain so until the expiration of that time limit.
V.-The distribution of natural mineral water in other public waters That used in the course of a thermal cure, carried out from a source whose exploitation has been authorised, may be continued for a period of six months from the publication of this Decree, subject to the deposit with the prefect A request for authorisation in accordance with the provisions of Article R. 1322-5 of the Public Health Code, as drawn up by this Decree.
The provisions of this Decree may be amended by decree in the Council of State, with the exception of Articles R. * 1321-21, R. * 1321-52, R. * 1322-22 and R. * 1322-44-3 of the Public Health Code, in Their wording from articles 1, 2 and 3.
The Prime Minister, the Minister of Economy, Finance and Industry, the Minister of Justice, the Minister of Justice, and the Minister of Health and Solidarity are responsible for each Of the application of this Decree, which shall be published in the Official Gazette of the French Republic.
Done at Paris, 11 January 2007.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister of Health and Solidarity,
Xavier Bertrand
Minister of the Economy,
Finance and Industry,
Thierry Breton
Minister of the Environment Justice,
Pascal Clément
