Regulations, 2009

L.N. 242 of 2009

FOOD SAFETY ACT

(CAP. 449)

Water Intended for Human Consumption (Amendment)

Regulations, 2009

IN exercise of the powers conferred by article 10 of the Food

Safety Act, the Minister for Social Policy has made the following

regulations:-

The title of these regulations is the Water Intended for

Human Consumption (Amendment) Regulations, 2009 and they

shall be read and construed as one with the Water Intended for

Human Consumption Regulations, 2009 hereinafter referred to as

“the principal regulations”.

Regulation 3 of the principal regulations shall be

amended as follows:-

(a) immediately after the definition “domestic

distribution system” there shall be added the following new

definition

“ “Licensing Authority” means such authority as

may be established by the Malta Resources Authority;”;

and

(b) immediately after the definition “water intended

for human consumption” there shall be added the following

new definition

“ “water supplier” means any person who supplies

water intended for human consumption and includes a

private water supplier.”.

In sub-regulation (2) of regulation 7 of the principal

regulations, for the words “in accordance with regulation 5” there

shall be substituted the words “in accordance with regulation 6”.

Regulation 9 of the principal regulations shall be

amended as follows

(a) in sub-regulation (2) thereof, for the words

“necessary remedial action is taken”, there shall be substituted

the words “necessary remedial action is taken by the water

supplier”;

(b) for sub-regulation (3) thereof, there shall be

substituted the following

“(3) Whether or not any failure to meet the

parametric values has occurred, where any supply

of water intended for human consumption constitutes

a potential danger to human health, the competent

authority shall inform the Licensing Authority which

shall prohibit the distribution, or restrict the use, of

such water by the water supplier concerned as the case

may be, or shall ensure that any other action which may

be necessary to protect human health is taken by the

water supplier. In addition the water supplier, following

consultation with the competent authority, shall promptly

inform consumers and give the necessary advice.”;

(c) in sub-regulation (5) thereof, for the words “under

the preceding sub-regulation” there shall be substituted the

words “under sub-regulation (3)”; and

(d) in sub-regulation (7) thereof, for the words

“have notified” there shall be substituted the words “shall

immediately notify”.

Regulation 10 of the principal regulations shall be

amended as follows

(a) in sub-regulation (2) thereof, the words “The

European Commission shall take a decision on any such

request within three months.” shall be deleted; and

(b) in sub-regulation (6) thereof, for the words from

“then it shall ensure” to the words “conditions governing it.”

there shall be substituted the words “it shall ensure that the

population affected by any such derogation is immediately

informed of the derogation and of the conditions governing

it by notice published in the Gazette and through any other

appropriate media.”.

Regulation 12 of the principal regulations shall be

amended as follows

(a) for sub-regulation (1) thereof, there shall be

substituted the following

“(1) Water suppliers shall quarterly publish up

to date information on the quality of water for human

consumption on a publicly available internet web page

set up for this purpose and, where so practicable, they

shall also make such information available to consumers

through any other suitable electronic media.”;

(b) in sub-regulation (2) thereof, for the words

“Council Directive 90/313/EEC of 7 June 1990 on the

freedom of access to information on the environment” there

shall be substituted the words “the Freedom of Access to

Information on the Environment Regulations, 2005”; and

(c) in sub-regulation (5) thereof, for the words “they

have taken or plan to take to fulfill their obligations” there

shall be substituted the words “it has taken or plans to take to

fulfill its obligations”.

In Schedule I to the principal regulations, in paragraph 2

of Note 10 in Part C thereof, for the words “it shall communicate”

there shall be substituted the words “the competent authority shall

communicate”.

In Schedule II to the principal regulations, in note 2 of

Table B1 thereof, for the words “instead of volume of water” there

shall be substituted the words “instead of the volume of water”.

€0.28