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Section 9. Environmental law
DOI: http://dx.doi.org/10.20534/EJLPS-16-4-104-107
Obiiukh Nataliya Mykhaylivna, PhD in Law, assistant professor, Bila Tserkva Institute of Economics and Management, Ukraine, E-mail: [email protected]
The problems of legal definition of the concept "natural curative resources" in the European environmental legislation
Abstract: The article deals with analysis of the concept "natural curative resources" from the ecological and legal point of view. The author analyzes the environmental legislation of the Czech Republic, Slovakia, Georgia and Ukraine towards the natural curative resources in order to recognize their distinctive features.
Keywords: natural curative resources, spa, thermal water, mineral water, balneology.
Introduction opted June 18, 2009 Directive 2009/54/EC "On the
There is a quite variety of natural curative re- exploitation and marketing of natural mineral wa-
sources in the environment. In particular, the term ters" [1] played an important role in establishing the
"natural curative resources" includes mineral and common approaches to the definition of "mineral
thermal waters, peloids, clay, sea salt and other natural resources used in balneotherapy for a long time. Nowadays balneotherapy is a medical science that studies the properties and methods of using the natural curative resources, and it is based on the knowledge of their therapeutic effect on the human body.
Experience has shown that local thermal or just mineral waters have beneficial therapeutic effects e. g. on digestive tract or metabolic diseases. The contemporary division of balneology used in the continental Europe is the typical spa area with a great healing tradition. There are well known spa-centres, such as Karlovy Vary and Frantiskovy Lazne (the Czech Republic), Debrecen and Heviz (Hungary), Vichy (France) and others.
The natural curative resources are the important aspect of legal protection in the European environmental legislation. In particular, there are special laws regulated the use of mineral and thermal waters and other curative resources in Austria, Germany, Hungary and Slovakia. It is necessary to note that ad-
waters" and its use for the bottled water production.
The main purpose of this article is to consider the general scientific and legal approaches to the definition of the concept "natural curative resources" and to analyze the legislation of European countries in the sphere of use of natural curative resources.
Historical stages of the exploration and exploitation of natural curative resources in Europe The baths had great importance for the ancient Greek civilization [2, 253]. In the works of Homer and Aristotle there is told of mineral water with healing properties in ancient Greece. As the oldest evidence of using the natural curative waters there are some capital facilities in the places of springs with carbonated water located close to modern St. Moritz resort, Switzerland. There are presented some facilities used by Romans for hydrotherapy in the places of famous resorts in Hungary, Austria, Germany and the United Kingdom.
Other written reports towards the use of mineral waters in continental Europe are concerned to such
a great spa town as Karlovy Vary. Recommendations to use the Karlovy Vary waters for curative purposes date back to the early 16th century. Doctor Vaclav Payer recommends alternating drinking thermal water and bathing in it. The spa's importance began to grow from the middle of 17th century.
It is important to notice that during 17th and 19th centuries there was the gradual development of spa towns in Europe showing the revival of public interest to the thermal and mineral water sources. As it is mentioned by B. Czellecz: "... places like Montecan-tini, Lucca (Italy), Varna (Bulgaria) were already known. In France, Vichy, Forges and Bourbon-Lucy were discovered, as well as Bath and Tunbridge Wells in the UK, Carlsbad, Ems, Marienbad in Germany, Spa in Belgium" [3, 68].
In the 20th century thermal and mineral waters have provided a significant part of producing the bottled water. The centres for production of bottled water were Vichy and Evian in France, Karlovy Vary and Frantiskovy Lazne in Bohemia and Buzias in Romania [4, 14].
In the past decades, a large change in the use of mineral water for the treatment of several diseases has taken place in Europe. The medical significance of bathing is now acknowledged. Currently, among the most famous European spa there are Karlovy Vary, Marianske Lazne, Frantiskovy Lazne in the Czech Republic, Baden-Baden and Wiesbaden in Germany, Bad Pyrmont and Baden bei Wien in Austria, and Vichy in France.
The studies of the legislation of European countries towards the legal definition of the concept "natural curative resources"
Natural curative resources are the basis of the development of spa and wellness tourism in the world. In our opinion, the natural mineral resources, such as thermal and mineral water, are extraordinary value to the countries where they are represented. This is due not only to use these resources in balneotherapy, but also in the energy sector and in the food industry. Natural curative resources allow developing the different areas of the economy.
It is interesting to note that the term "natural curative resources" is reflected on the legislation of various European countries. For example, Law of Georgia "On Tourism and Health-Resorts", Act
No. 164/2001 "On natural healing sources, sources of natural mineral waters, natural health resorts and spa facilities, and on modifications and amendments to certain related acts" ("Spa Act" of the Czech Republic), Law of the Slovak National Council No. 538/2005 Z. z. "On natural curative waters, natural curative spas, balneal sites and natural mineral waters, and on change and amendment of some laws", Bundesgesetzes über natürliche Heilvorkommen und Kurorte, 1958).
One of the leading countries of producing the bottled mineral water is Georgia. The Law "On Tourism and Health-Resorts" [5] contains the following definition: "Natural medical resources are mineral water, medicinal muds, karst caves fit for the treatment, sea, forests, medical climate and other natural resources used for the treatment, rehabilitation and prophylaxis" (Art. 2 (5)). But there is not found any specific characteristic towards natural curative resources.
Studying the Ukrainian legislation we should note that there is no special law regulating the use of curative resources. However, there is Law "On Resorts" adopted October 5, 2000 [6], in which the concept of natural curative resources is regarded as an integral part of the legal regime of resorts. This is owing to the fact that the identification of natural curative resources is the main condition for approval of the resort area. According to Art. 6 of this Law "natural curative resources include mineral and thermal waters, peloids and ozokerite, estuaries and saline lakes, sea water, other natural bodies and complexes with favourable climatic conditions for treatment, medical rehabilitation and disease prevention".
In Ukraine the right to use natural curative resources occurs due to getting a special permission provided by the legislation. Clearly, it is depended to the fact that natural curative resources can be used only after carrying out the quality biomedical assessment by the Ministry of Health.
As already mentioned, the Czech Republic has a very long history of using the natural curative resources. This country is extremely rich in mineral springs and medical spas; the local use of natural healing springs and baths, in the form of spas, has been a long tradition for hundreds of years [7, 45].
According to the Act No. 164/2001 Coll. of April 13, 2001 "On natural healing sources, sources
of natural mineral waters, natural health resorts and spa facilities" [8] natural curative springs are defined as "... a naturally occurring mineral water, gas, or peloid which has a property suitable for therapeutic use" (Art. 2).
Mineral healing waters are determined as pure natural underground water containing dissolved solid substances in amount at least 1 g/l or no less than 1 g/l of carbon dioxide or other important therapeutic trace elements or minimal temperature of spring 20 °C. The natural mineral water is considered as natural underground water of original purity of the same composition and properties of minerals, chemical elements and other elements which allow using the water as food or the bottled water.
In Slovakia, there are about 1,500 natural mineral resources. In total, the Ministry of Health now monitors 156 objects. 105 from them are approved as natural curative or natural mineral resources. Besides, that there are monitored 53 resources which are not approved [9].
The Slovak Law of December 6, 2005 "On natural curative waters, natural curative spas, balneal sites and natural mineral waters, and on change and amendment of some laws" [10] is the first single law on natural healing resources in Slovakia. The Law defines the main requirements for certain types of natural curative resources and particular features of their use.
According to § 5 of the Law the mineral water can be approved as natural curative water, if during at least five years there were proven its curative effects in balneal practice and if fulfils the requirements stated by generally binding rule of law, issued by the Ministry of Health. Curative effects can be considered as proven also if such effects were verified in long term balneal practice when water with similar physical and chemical properties was used.
As "natural mineral water" can be declared only the water from spring monitored at least three years, and during this period it was proven the stability of all distinctive indicators; and it fulfils the requirements stated by the Ministry of Health.
We should note that the main specific feature of natural curative resources is their special origin
composition that is shown through the therapeutic effects of mineral substances. This means that natural mineral waters are the waters which come from natural underground springs or artificial opened; and they can be used for therapeutic purposes due to its unique composition [11, 28-29].
In European Union legislation there is used the term "mineral water", but its meaning differs from the term "curative water". There is determined the concept "natural mineral water" in the Directive 2009/54/EC: "natural mineral water means micro-biologically wholesome water originating in an underground water table or deposit and emerging from a spring tapped at one or more natural or bore exits.
Natural mineral water can be distinguished from ordinary drinking water: (a) by its nature, which is characterised by its mineral content, trace elements or other constituents and, where appropriate, by certain effects; (b) by its original purity, both characteristics having been preserved intact because of the underground origin of such water, which has been protected from all risk of pollution".
Conclusion
Concerning to environmental and legal approaches of studying the concept "natural curative resources" it is necessary to formulate its legal definition. Thus, the natural curative resources can be determined as concentrated under the ground, on the surface and in the sea environment natural mineral resources and springs which have unique chemical composition and sustainable beneficial properties reflected curative and therapeutic effects and can be used in balneal practice on the basis of balneal conclusion.
We can summarize that the concept "natural curative resources" takes an important place in natural resources law. As a result of the development of environmental and legal relations the natural curative resources are particularly important, because the public interest towards its using is growing constantly. Nowadays there is a real necessity for legal protection of these resources. Therefore it is important to determine the concept of natural curative resources and their main characteristics in the legislation.
References:
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