Regulations, 2006

L.N. 189 of 2006

WINE ACT

(CAP. 436)

Wine and Vitivinicultural Products (Stocks Declaration)

Regulations, 2006

IN exercise of the powers conferred by articles 11(2) and 27 of the

Wine Act, the Minister for Rural Affairs and the Environment has made

the following regulations>-

(1) The title of these regulations is the Wine and

Vitivinicultural Products (Stocks Declaration) Regulations, 2006.

commencement and

(2) These regulations shall be deemed to have come into

force on the 1 st May, 2004.

In these regulations, unless already defined in the Act, the

following words and phrases shall be defined as follows>-

“the Act” means the Wine Act<

“the Unit” means the office responsible for viticulture and

oenology within the Department of Agriculture<

“retailer”, within the meaning of Paragraph 2 of Article 6 of

Commission Regulation (EC) 1282 of the 28 th June, 2001 means>

(a) any natural or legal person or group of such persons

whose business activity includes the direct sale to the

consumer of a volume of wine not exceeding, at each sale, 20

litres, and

(b) resellers who use cellars equipped for storing and

handling wine in quantities not exceeding 500 litres<

“hectolitre” represents 100 litres.

(1) In application of Article 6 of Commission Regulation

(EC) 1282#01 of the 28 th June, 2001 and successive modifications thereto,

any person who keeps stocks of wine and, or musts, not being a private

consumer or retailer, shall as of every year declare the quantities,

expressed in hectolitres, of stocks held, including those held in a bonded

warehouse, at midnight of the 31 st July. Quantities of wine and, or musts

which are in transit at midnight of the 31 st July, shall be declared by the

receiver.

(2) As regards Community wine products, such declarations

shall not include those products obtained from grapes harvested in the

same calendar year.

(3) For the purposes of sub-regulation (1) of this regulation,

in the conversion of muted must to wine, the quantity expressed as a

volume shall be multiplied by 0.95. All concentrated musts shall be

declared as their effective volume without the application of a coefficient.

(1) The stocks declaration referred to in regulation 3 hereof Mode of

presentation.

shall be presented on the appropriate form in conformity with the First

Schedule to these regulations.

(2) The form can be obtained from the Unit or in electronic

format from the internet site of the Department of Agriculture.

(www.agric.gov.mt).

(3) The declaration shall be presented, in original and copy

form, to the Unit not later than noon of the 1 st September of each year.

(4) Any person who is bound to make the declaration may,

in alternative to the direct presentation of the declaration, present the

stocks declaration by way of an electronic format following the terms

laid down by the Unit allowing the said delivery of the declaration within

the time limit set in sub-regulation (3) hereof.

(5) Upon receipt of the declaration, the Unit shall keep the

original and return the copy with the appropriate stamps and signatures

to the interested party as a receipt of the declaration.

Any person who falls under any obligation set in sub-regulation Fines.

(1) of regulation 3 hereof and who fails to present a stocks declaration

by the 1 st September of any year shall be guilty of an offence and shall,

on conviction, be liable to a fine (multa) of two hundred liri payable to

the Department of Agriculture.

First Schedule

Regulation 4 (1)

Stocks Declaration of wines and, or musts

as at 31 July _____

Section A – Information regarding the declarant

Name and Surname or Company Name

ID number and, or VAT number

Street and civic number or company address

Post Code

Section B – Information regarding the products stocked (expressed in hectolitres)

Reds and Rosés

Whites

Product Category

Hectolitres

Hectolitres

Table wines without a

Stocks held by producer

geographic indication

Table wine with a geographic

indication

Liqueur,

sparkling,

aerated

wines

Grape musts

Q.W.P.S.R.

Total at production

(1+2+3+4+5)

Table wines without

a geographic

Community

Wines of

indication

Stocks on the market

origin

Table wine with a

geographic indication

Q.W.P.S.R.

Other wines

(Wines imported from third

countries)

Total on the Market

(7 + 8 + 9 + 10)

TOTAL (6 + 11)

Concentrated musts

by producer

Stocks held

(in hectoliters of must)

Rectified concentrated musts

(in hectoliters of must)

Total with producer (13+14)

Concentrated musts

the market

Stocks on

(in hectoliters of must)

Rectified concentrated musts

(in hectoliters of must)

Total on the market (16+17)

TOTAL (15 + 18)

Section C – Information regarding the location of the stocked products

where stocks

Address(es)

are held

The present form is composed by sections

A

B

C

D

(Cross out the boxes that correspond to the sections filled in)

Section D – Information on quality wines produced in Malta

Red and Rosé

Code

Denomination

Hectolitres

TOTAL

Section E – Information on quality sparkling wines produced in Malta

Red and Rosé

Code

Denomination

Hectolitres

TOTAL

Section F – Information on quality aerated wines produced in Malta

Red and Rosé

Code

Denomination

Hectolitres

TOTAL

Section G – Information on quality liqueur wines produced in Malta

Red and Rosé

Code

Denomination

Hectolitres

TOTAL

The undersigned declares that the data given above is correct and is aware of the sanctions set down by the

law.

………………………

……………………………………………..

Date

Signature of Declarant

Viticulture and Oenology Unit

Production Potential Management

National Agricultural Research and Development Centre

Ghammieri

Marsa

……………………………………………….

Signature of receiving officer

Date received

Data Protection Policy

The Department of Agriculture collects this information for the yearly compiling of Malta’s stocks situation

with regards to wine as per National and EU legislation.

We may check information provided by you, or information about you provided by a third party, with other

information held by us.

We may also get information about you from certain third parties, or give information to them, to check the

accuracy of information to prevent or detect crime or to protect public funds in other ways as permitted by

law. These third parties include other government departments and local authorities.

We will not disclose information about you to anyone outside the Ministry for Rural Affairs and the

Environment unless the law permits us to.

If you want to know more about what information we have about you, or the way we use your information,

you may ask for a copy of our Privacy Policy or ask at any Department of Agriculture office.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press