Legislation

 

Geological Resources

 

Law n.º 54/2015, of June 22, bases of the legal regime for the revelation and exploitation of geological resources existing in the national territory, including those located in the national maritime space.

 

Decree-Law n.º 86/90, of March 16, approves the regulation of natural mineral waters.

 

Decree-Law n.º 85/90, of March 16, approves the regulation of mineroindustrial waters.

 

Decree-Law n.º 84/90, of March 16, approves the regulation of spring waters exploitation.

 

 

Exploration and commercialization of Natural Mineral Waters and Spring Waters

 

Community Legislation:

 

Council Directive 80/777/EEC, of July 15, 1980, on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters - repealed.

 

Directive 96/70/EC, of the European Parliament and of the Council, of October 28, 1996, amending the Council Directive 80/777/EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters.

 

Comission Directive 2003/40/EC, of May 16, 2003, establishing the list, concentration limits and labelling requirements for the constituents of mineral natural waters and the conditions for use of ozone-enriched air for the treatment of mineral natural waters and spring waters.

 

Directive 2009/54/EC, of the European Parliament and of the Council, of June 18, 2009, on the exploitation and marketing of mineral natural waters (recast) - repeals Directive 80/777/EEC.

 

List of natural mineral waters recognized by Member-States, of May 2, 2022, published in the EU Official Journal.

 

National Legislation:

 

Decree-Law n.º 156/98, of June 6, establishes the rules regarding the recognition of natural mineral waters and the characteristics and conditions to be observed in the treatment, labeling and marketing of natural mineral waters and spring waters, revoking Decree-Law n.º 283/91, of August 9.

 

Decree-Law n.º 72/2004, of March 25,transposes into national law Commission Directive n.º 2003/40/EC, of May 16, which establishes the list, concentration limits and labelling requirements for the constituents of natural mineral waters, as well as the conditions for using ozone-enriched air for the treatment of natural mineral waters and spring waters.

 

Decree-Law n.º 142/2004, of June 11, approves the legal regime for themal activity.

 

• Analytical control of water uptake:

 

Ordinance n.º 1220/2000, of December 29, establishes rules regarding the conditions that natural mineral waters and spring waters, at the point of water uptake, must obey in order to be considered bacteriologically proper (in Revision).

 

Order n.º 15634/2013, of December 29, establishes the concept of summarized physical-chemical analysis and complete physical-chemical analysis (revoked).

 

Order n.º 4859/2015, of May 11, the applicants for the right to exploit spring waters and the concessionaires for the exploitation of natural mineral waters must submit to the Directorate-General for Energy and Geology (DGEG), among other elements, summarized physicochemical analyses and complete analyses of natural mineral waters and spring waters (revoked).

 

Order n.º 14413/2016, of November 29, physicochemical parameters that spring water exploitation license holders and natural mineral water exploitation concessionaires have to comply annually with the imposed analytical control programs (updates the 2015 order).

 

Order n.º 5868/2017, of July 4, determines the compliance with the Analytical Programs already notified by the DGEG for the year 2017, as well as for the Analytical Programs that may be set in the future, setting a deadline of 10 working days from the date of emission of the analytical reports by the laboratories to reporting the analyses performed.

 

• Industrial Bottling Units:

 

Decree-Law n.º 73/2015, of May 11, makes the first amendment to the Responsible Industry System (SIR), approved in annex to Decree-Law n.º 169/2012, of August 1.

 

Rectification Statement n.º29/2015, of June 15, rectifies Decree-Law n.º 73/2015, of May 11, of Ministry of Economy, which makes the first amendment to the Responsible Industry System, approved in annex to Decree-Law n.º 169/2012, of August 1, published in the Official Journal n.º 90, 1.ª serie, of May 11, 2015.

 

Ordinance n.º 279/2015, of September 14, identifies the formal requirements of the form and the supporting documents to be submitted by the stakeholder in procedures with a prior visit/inspection, without a prior visit/inspection and of mere prior communication, applicable, respectively, to the installation and to the exploration of industrial establishments type 1, 2 and 3, and to the alteration of industrial establishments, under the terms foreseen in the Responsible Industry System.