Introduction
Portugal is endowed with extraordinary natural mineral resources, the result of its singular geology and the diversity of geological formations that traverse the national territory. From north to south, natural springs emerge with unique characteristics, establishing a sector of high economic and tourism value, associated not only with the commercialisation of mineral water but also with health and wellness tourism. However, the management of these resources is subject to rigorous and multidimensional regulation, which ensures consumer safety and environmental sustainability. Understanding the legal distinctions between different types of water, regulatory requirements, and authorisation procedures is essential for producers, distributors, and specialised consultants.
Distinction: Natural Mineral Water vs Spring Water vs Drinking Water
Portuguese regulation, through Decree-Law No. 166/2010, transposes European Directive 2009/54/CE and establishes rigorous definitions that distinguish three fundamental categories of water for human consumption.
Natural Mineral Water is water of subterranean origin, microbiologically safe and bottled at the source, characterised by its constant mineral composition and stable physicochemical properties. Its origin is legally protected, and any exploitation requires official recognition from the Water Authority (APA). These waters cannot undergo any treatment that alters their mineral composition, with only very restricted operations permitted, such as the removal of iron, manganese or arsenic, subject to specific authorisation.
Spring Water is equally subterranean water bottled at the source, but with less rigorous mineral composition and less stringent recognition requirements. Although it must also be microbiologically safe, it does not present the compositional constancy required for natural mineral water.
Drinking Water refers to water distributed by the public network or sold in bottles, subject to the quality limits established by Directive 98/83/EC, but without the requirement for constant mineral composition characteristic of mineral water. It may undergo conventional treatments such as filtration, aeration and disinfection.
Portuguese Regulation: DL 166/2010 and European Directive 2009/54/CE
Decree-Law No. 166/2010 constitutes the fundamental legal framework for the exploitation and commercialisation of natural mineral waters in Portugal. This legislation establishes rigorous conditions for recognition, capture, treatment and commercialisation.
Recognition and Authorisation: Any company wishing to exploit a spring as natural mineral water must request recognition from the Water Authority (APA), which conducts comprehensive technical and environmental assessment. Following that recognition, a concession must be obtained from DGEG (Directorate General for Energy and Geology) and municipal licensing for the installation of capture and treatment facilities.
Capture Conditions: The spring must be located in a protected zone, subject to control of point and diffuse pollution. Capture must be conducted in a manner that preserves the integrity of the aquifer and maintains the characteristic mineral composition.
Permitted Treatments: Unlike drinking water, only very specific treatments are permitted in natural mineral water — removal of undesirable elements (iron, manganese, arsenic), carbonation, and storage under controlled conditions. Any addition of mineral salts or substantial alteration of composition is expressly prohibited.
Mandatory Labelling: Labels must clearly indicate the classification (natural mineral water or spring water), the location of the source, and statements about any treatments carried out. Health claims may only be made with scientific evidence and regulatory authorisation.
Quality Parameters and Monitoring
The quality of natural mineral waters is assured through a rigorous programme of analytical monitoring, involving physicochemical and microbiological parameters defined in legislation.
Mandatory Analyses: All mineral waters must be analysed for drinking water parameters (chemical compounds, heavy metals, pesticides, pathogenic microorganisms) and source-specific parameters (mineral composition, temperature, radioactivity). Responsible laboratories must be accredited according to ISO 17025 standard.
Monitoring Frequency: The frequency of analysis varies according to the volume of exploitation and compliance history. Sources with higher volumes require more intensive monitoring, whilst smaller sources may benefit from longer cycles.
Radioactivity: A critical parameter, particularly in regions with ancient geological formations. Radon and alpha and beta gross radioactivity must be measured and remain below established limits.
Microbiology: Coliform bacteria, Escherichia coli and enterococci must be cultured, with acceptable result only if absent. The total count of microorganisms at 22°C and 37°C is also controlled.
Recognition and Authorisation Process
The path to commercialising natural mineral water in Portugal is complex and multidisciplinary, involving multiple administrative bodies.
Phase 1 — Recognition Request (APA): The applicant submits a technical dossier to the APA, including hydrogeological studies, preliminary chemical and microbiological analyses, and environmental impact assessment. The APA has up to six months for analysis.
Phase 2 — Exploitation Concession (DGEG): Following recognition by the APA, a concession is required from DGEG for exploitation of the mineral resource. This phase includes technical and economic assessment, and may take between 3 to 12 months.
Phase 3 — Municipal Licensing: The construction of capture, treatment and bottling facilities requires municipal planning permission, which may also be subject to strategic environmental assessment.
Phase 4 — Commercialisation Authorisation: Once operational, the company must obtain final authorisation for commercialisation, demonstrating compliance with quality requirements through independent analyses.
Conclusion
The regulation of natural mineral waters in Portugal reflects the European commitment to quality, safety and sustainability of natural resources. For companies and entrepreneurs wishing to exploit mineral springs, this regulatory framework is simultaneously a challenge and an opportunity — it imposes rigorous requirements, but confers legitimacy and credibility to the product.
Specialised consultancy on hydrominerał resources is decisive at each stage of this process: from initial feasibility assessment, through preparation of technical dossiers, to implementation of continuous monitoring systems. If you own a spring or plan to exploit a hydrominerał resource in Portugal, rely on integrated technical and legal analysis to maximise your chances of success.
Contact us for specialised advice on mineral water regulation.
