Description
Recognition of the status of natural mineral water as well as the therapeutic properties of natural mineral waters for use as spa waters is carried out by the Ministry of Health.
Natural mineral waters are distinguished from ordinary drinking water by their original purity and preservation, by their content of minerals, trace elements or other constituents and, possibly, by certain of their effects. (Legislative Decree of 8 October 2011, no. 176, Art. 2 para. 2 )
Characteristics of mineral waters:
- must flow from an underground water table
- be microbiologically pure and free of traces of pollutants
- may have health-promoting properties
- be bottled near the source
Regulatory framework for bottled mineral water
Mining research permits and mineral water concessions for bottling, as for solid minerals, are regulated by provincial law no. 14 of 11 December 2020 and its implementing regulation, d.p.p. 3 December 2024, 20-26/Leg.
In fact, the law regulates the exploration, cultivation and utilisation of deposits of mineral substances of the first category identified pursuant to Article 2, second paragraph, of Royal Decree No. 1443 of 29 July 1927 (Norme di carattere legislativo per disciplinare la ricerca e la coltivazione delle miniere nel regno), with the exception of thermal waters.
The mining research permit, regulated by Provincial Law no. 14 of 11 December 2020, is required for the exploration of a specific portion of territory for the identification of a deposit of first class mineral substances, without compromising or damaging the environment and the territory.
The exploration permit for natural mineral deposits includes:
(a) the geological and hydrogeological study of the area of interest, including through the use of geognostic soundings and drillings, as well as the sampling of the water found in the quantity necessary for the analyses referred to in subparagraph (b)
(b) the analyses and investigations necessary to ascertain the physical, chemical and bacteriological characteristics of the mineral waters, aimed at their recognition
c) any other study aimed at ascertaining the delimitation of the resource's supply basin, the possible forms of use and any environmental protection requirements.
The research permit is issued by the Province and is valid for no more than three years, without prejudice to an extension of a further year to complete the research.
Following the positive closure of a prospecting permit, once the mineral water status has been recognised, the holder submits a final account of the expenses incurred in the prospecting activity, a final report and any manifestation of interest in the granting of a cultivation concession in his favour.
Miningconcessions are granted by the Province in compliance with the principles of competition, equal treatment, non-discrimination, impartiality, transparency, publicity and environmental protection.
New concessions for bottled mineral waters, like new concessions for solid minerals, are awarded by competitive procedure, following the expiry of the mining concession or in the event of a successful exploration activity.
Regulatory framework for thermal waters
Prospecting permits and mining concessions for thermal mineral water are governed by Provincial Law 18 February 1988, no. 6, "Interventi per il settore minerario nel Trentino", and its implementing regulation, d.p.p. 5 June 2003, no. 10-131/Leg.
A prospecting permit may be issued where the application meets the following requirements
a) the extension of the area applied for must be proportionate to the development of the research envisaged in the work programme attached to the application
(b) the knowledge to be gained from the planned research must be innovative compared to what is already known
c) the work must be carried out under the technical direction of qualified personnel, with the use of equipment and machinery suitable for the specific type of intervention
d) the applicant must be able to guarantee the financial coverage of the costs envisaged in the programme of works for the realisation of the works
e) the duration requested must be consistent with the research programme submitted.
The duration of the research permit may not exceed three years. Extension is permitted for the period necessary to complete the research and in any case for no more than three years.
Mining concessions may be granted for thermal water deposits whose existence and cultivability are recognised by the administration in the concession decision.
The thermal water mining concession is granted following an application by a party and if the application meets the following requirements
(a) the extent of the area applied for must be proportionate to the needs of the cultivation of the deposit, in relation to the results of the research, if available, and to the programme of cultivation;
(b) the programme of the cultivation works as well as the corresponding project for the cultivation of the mine must be proportionate to the importance of the deposit
c) the work must be carried out under the technical direction of qualified personnel, using equipment and machinery suitable for the specific type of operation
(d) the applicant must be able to guarantee the financial coverage of the costs envisaged in the programme of works for the execution of the works
e) the duration of the concession applied for must be consistent with the submitted cultivation programme.
Active services for holders of mineral water concessions for bottling or spas
Mines: exercise of the activity (solid minerals, mineral and thermal waters)
The service makes available the forms for issuing new mining exploration permits and new thermal water concessions; it also allows the management of situations modifying existing mineral titles (extension, extension, renunciation...)
New concessions forbottled mineral water and new concessions for solid minerals are awarded by competitive procedure.