Regulations, 2006

L.N. 190 of 2006

WINE ACT

(CAP. 436)

Denomination of Origin and of Geographic Indications

Regulations, 2006

IN exercise of the powers conferred by articles 12, 13, 14 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 Denomination of Title and

commencement.

Origin and of Geographic Indications Regulations, 2006<

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

force on the 1st June, 2005.

In these regulations, the following words and phrases shall Interpretation.

have the following meanings>-

“the Act” means the Wine Act<

“the Director” means the Director of Agriculture<

“the Minister” means the Minister responsible for agriculture<

“the Unit” means the office responsible for viticulture and

oenology within the Department of Agriculture<

“Quality Wine Produced in a Specified Region” or “QWPSR”

means those wines which have the necessary requisites laid down

in Council Regulation (EC) 1493#1999 and subsequent

modifications.

Part I

Classification of the Denomination of Origin and Geographic

Indications and the scope of application

(1) Denomination of Origin for wines, hereinafter referred Denomination of

Origin and

to as DO, refers to the geographical name of a viticultural region, used Geographic

to produce a quality and well known product, whose characteristics are Indications.

related to the natural environment and human factors.

(2) Geographic Indication for table wines, hereinafter

referred to as GI, refers to the geographical name of a region used for a

product derived from that particular region. The geographic indications

have to include a viticultural area and should produce wines with typical

characteristics.

(3) The denomination of origin and the geographic

indications are reserved for musts and wines with conditions that are in

accordance with these regulations.

(1) The Denominations of Origin and their subregions, and

the geographic indications, referred to in regulation 3 of these

regulations, are utilized for wines belonging to more than one producer.

(2) The geographical names which constitute the

Denominations of Origin or the Geographic Indications can neither be

used to describe similar or alternative products from those in regulation

3 of these regulations, nor be used in such a way to confuse consumers

in the identification of the products.

(3) Any other drink based on must or wine, as well as aerated

sparkling and aerated semi-sparkling wines cannot use the DOs or GIs

in their designation and presentation.

(1) The DOs and GIs referred to in regulation 3 of these

Classification of the

regulations, with regards to the products within the present regulations,

are classified as>

(i) Denominazzjoni ta’ Ori!ini Kontrollata (DOK)< and

(ii) Indikazzjoni :eografika Tipika (I:T).

(2) Musts and wines qualifying for the above classifications

may utilise the abbreviations DOK and I:T in their designations.

(3) Denominazzjoni ta’ Ori!ini Kontrollata (Controlled

Denomination of Origin) refers to the specified mention used in Malta

to designate the wines defined by the European Union in Council

Regulation (EC) 1493#1999 as QWPSR (Quality Wines Produced in

Specified Regions), QSWPSR (Quality Sparkling Wines Produced in

Specified Regions), QASWPSR (Quality Aerated Semi-Sparkling Wines

Produced in Specified Regions) and QLWPSR (Quality Liqueur Wines

Produced in Specified Regions). The definitions of the European Union

are supplementary and not substitutive of the Maltese mentions.

(1) Denominations of Origin and Geographic Indications Territorial scope.

refer to the geographical names and the geographical qualifiers

corresponding to the regions of production, used to designate the wines

referred to in regulation 3 of these regulations, whose characteristics

depend on the natural conditions, correlated to its vitivinicultural

dedication.

(2) Within the region of production more restricted areas

can exist, referred to as subregions, having specific environmental

characteristics or which are traditionally renowned, designated with a

specific geographical or historic-geographic or administrative name,

insofar as they are expressly foreseen and more rigidly regulated in the

relative production protocols and insofar as they are only associated to

the relative denomination of origin.

(3) DOK wines can include on the label the vine varieties

or their synonyms, specific mentions, reference to particular vinification

techniques and specific qualifications of the product as regulated by

Commission Regulation (EC) 753#2002. The mentions above must be

foreseen in the production protocol.

(4) I:T wines can use in their labelling an indication to the

vine varieties or their synonyms and to the colour of the wine as long as

such indications are foreseen in the production protocol.

(1) The mention “Ri]erva” is attributed to DOK wines which Specifications and

mentions.

are not sparkling and which have been subject to a period of ageing as

indicated in the production protocol and, shall not be less than two years.

The protocol, besides other modalities, must establish the obligation to

indicate the vintage year on the label and the rules for its mention in

case of a mixture of wines from different vintage years.

(2) The mention “vineyard” or “Estate” preceded by the

topographic name, can be used only for the presentation and designation

of DOK wines obtained from the vineyard corresponding to the

topographic name, which is registered in the list of vineyards referred

to in regulation 15 of these regulations and as declared in the annual

wine production declaration according to regulation 16 of these

regulations, with the condition that vinification of the corresponding

grapes is carried out separately.

(3) The Minister may, with the advice of the Wine

Regulation Board, modify requisites and the conditions foreseen for

the utilization of the additional mentions for the application of the

applicative regulations of the European Union or of particular exigencies

in connection with the sector’s evolution.

(1) The coexistence of the production of DOK and I:T

wines in the same region of production even those made from the same

vineyards, is permitted, on condition that the holder of this right must

each year declare, according to the relative production protocols, the

harvesting choice of each area which is listed separately in the list of

vineyards of the vineyard register referred to in regulation 15 of these

regulations.

(2) The passage from the level of highest classification of

DOK to I:T is allowed, within the limits of Council Regulation (EC)

1493#99, for the musts and wines obtained, as long as they are found in

the same viticultural area and that the product has the required requisites

for the designation chosen. The reclassification can be affected by the

proprietor himself, as established by Council Regulation (EC) 1493#99

and must, for each lot, communicate to the Unit, before the relative

obligatory annotation in the registers.

(3) The geographical names and the subregions used to

designate DOK wines cannot be used to designate I:T wines.

(4) The blending of two or more musts or wines classified

as DOK or I:T leads to the loss of right to the use of the denomination

of origin for the product obtained, which can however be classified as

an I:T wine if it has the necessary characteristics.

(5) The Director may, with the advice of the Wine

Regulation Board, authorise for a transitional period of up to a maximum

of five years, the use of a recognised I:T, linked to an unclassified

variety, for which a request exists for its recognition within the list of

vine varieties which are authorized or under observation. When these

vine varieties are classified, the use of the relative I:T becomes definite.

(1) The DOK and the I:T are reserved to the products of

which at regulation 3 of these regulations, corresponding to the

conditions and requisites established for each of them, in the relative

production protocols.

(2) The recognition of DOK and I:T and the delimitation

of the respective regions of production shall become effective by the

approval of the relative production protocols by the Director with the

advice of the Wine Regulation Board.

(3) The approval of the recognition of which at sub-

regulation (2) hereof, shall establish the date in which the protocol comes

into force, and can, if necessary, make the necessary provisions for a

transition period. The approval shall be published in the Gazette.

(4) The DOK and I:T are invalidated when the wine is

blended in another country with another wine in any measure and of

any origin, even if such practice is accepted by the norms of the country

in which this practice is carried out and in which the product obtained

is bottled.

(1) In the production protocols of DOK wines, which are Production

protocols.

proposed by the interested parties and approved by the Director, the

following elements must be established>

(i) the Denomination of Origin, the possible subregions and

the different typology of wines<

(ii) the delimitation of the production region of the grapes<

areas which are not particularly dedicated to quality are excluded<

such exclusions shall be verified by the Unit<

(iii) the production conditions and in particular the natural

characteristics of the environment, including the climate, the soil,

the orientation, the altitude, and the exposure<

(iv) the ampelographic scope including the vine varieties

making up the various wine typologies and their percentage use<

(v)

the minimum vine density and the training forms,

pruning systems, the prohibition of an elevated production<

(vi) the maximum yield expressed in wine per hectare, based

on the quantitative and qualitative results of the preceding five

years. The limits of yield in wine per hectare may be differentiated

by variety, subregion and fractions. The Director may, on the basis

of controls carried out by the Unit and with the advice of the Wine

Regulation Board, decrease or increase the maximum yield by a

maximum of 20%, depending on the characteristics of the wine

year or to create equilibrium in the market<

(vii) the minimum natural alcoholic content of grapes at

harvesting, expressed in volume per volume. This shall be based

on the results of the previous five years and shall be distinct for

each vine variety and subregion concerned. This value shall be in

accordance with European Union norms regarding community

vitcultural zones with regards to QWPSR. Within the same region,

the above natural alcoholic content has to be progressively higher

for DOK wines with respect to I:T wines. In respect of Council

Regulation (EC) 1493#99 and acting on a report to be drawn up by

the Unit taking into consideration the evolution of the climatic

conditions of the region and with the advice of the Wine Regulation

Board, the Director may modify on an annual basis the value of

the minimum natural alcoholic content of grapes that qualify for

the production of DOK wines<

(viii) the vinification protocols including> the region of

vinification, the region of bottling, for the various typologies< the

methods of grape processing, the eventual date on which it is put

on the market, the limits to any oenological practices that are

allowed by Community and national regulations (enrichment,

acidification etc)<

(ix) the physical-chemical and organoleptic characteristics

of the wine, including the minimum alcoholic content in volume

per volume of the various wine typologies at consumption<

(x) details and modalities for the possibility of a minimal

period of aging in wooden barrels and maturation in the bottle<

(xi) any particular norms for the designation and

presentation like optional mentions, referrals to a locality, character

size and positioning on the label, the use of the vintage year on the

label and the rules for it’s maintenance in case of blending of wines

from different vintages<

(xii) any particular norms with respect to those in force for

the packaging including nominal volumes, type of recipients,

closure systems.

(2) The Director may establish further elements to be

included in the protocols on a facultative basis.

(3) The protocols may be modified upon a documented

request presented to the Unit from the interested parties and to which a

draft copy of the new protocol must be attached.

(4) The requests for modification must be accompanied by>

(i) a report compiled by experts particularly competent on

the matter, in which reference must be made to the experimental

data of at least three years of research and certify the objectiveness

and validity of the request<

(ii) a chemical-physical analysis which proves the absence

of negative influences on samples of wines obtained through the

modifications requested<

(iii) an organoleptic analysis, supported by a specific report

from the competent tasting panel, which shows a sensorial

improvement of the product which validates the requests, or else

the maintenance of the average qualitative level of the wines already

in production.

(2) The Wine Regulation Board may nominate commissions

made up of it’s own members and of external experts, to carry out the

verifications necessary for the approval of the modifications proposed.

(3) Requests for modifications to the production protocols

shall follow the regulations foreseen for the recognition of the DOK

and I:T.

(4) In the production protocols of I:T wines which are to

be approved by the Director, the following are established>

(i) the geographical indication<

(ii) the oenological typologies, including those with a

reference to a vine variety and to colour<

(iii)

the delimitation of the region of production of the

grapes<

(iv) the vine varieties which form part of the ampelographic

platform<

(v) the maximum production of wine per hectare<

(vi) the minimum natural alcoholic volume present in the

grapes<

(vii) the minimum alcoholic content of the wine at

consumption<

(viii) the organoleptic characteristics of the wine at

consumption<

(ix) any authorized corrective practices (enrichment,

acidification, etc.).

(1) The request for recognition or the modification of a Modalities and

procedures for the

DOK or an I:T, must be presented by associative organisms of the recognition of DOK

producers, supported by the documentation requested in regulation 10 and I:T.

of these regulations, to the Unit which will take the necessary action to

forward it to the Director and Wine Regulation Board for examination.

(2) Such organisms, as referred to in sub-regulation (1)

hereof must, represent at least 35% (20% in case of I:T) of the interested

vine growers and of 35% of the interested production.

(3) For the expression of its advice for the approval of the

DOK and I:T, five eights of the members of the Wine Regulation Board

must vote in favour.

(4) For the expression of its advice regarding the approval

of subregions or with regards to the modification of the production

protocols, a majority of five eights of the members of the Wine

Regulation Board must vote in favour.

(5) The production protocols of the DOK and I:T are

approved by relative regulations made under the Act and come into

force on the date indicated. The production protocols may be published

in the English language only.

(6) The Minister may establish transitional derogations

regarding the date in which the protocol comes into force.

(7) The Minister, with the advice of the Wine Regulation

Board, may establish transitional derogations regarding the production

protocols to safeguard the productions of the same wines and according

to the exigencies and evolution of the sector.

(1) The organism for the evaluation of the protocols for

DOK wines and I:T wines is the Wine Regulation Board and its

technical sub-committee.

(2) The composition, organisation and the tasks of the Wine

Regulation Board, is regulated by the Act.

Part II

Claims to DOK and I:T productions

(1) The claim to DOK and I:T productions is done annually

by the interested wine producer through the production declaration of

the relative grapes and the declarations as prescribed in regulation 16

of these regulations. This is allowed as long as the vineyards from which

the grapes were produced are listed in the Vineyard Register and in the

list of vineyards as prescribed in regulations 14 and 15 of these

regulations.

(2) In order to legitimize the claim, the wines must undergo

the chemical-physical and organoleptic analysis, as prescribed in

regulation 17 of these regulations, so as to certify that the characteristics

correspond to those mentioned within the production protocol. The

positive certification is an indispensable condition for the utilization of

the denomination.

(1) The grape-growers must declare to the Unit, the areas Declaration of

vineyard areas.

under vine destined for the production of DOK and I:T wines in order

to constitute the list of vineyards for DOK or for I:T.

(2) The Unit establishes the modalities for the declarations

referred to in sub-regulation (1) hereof.

(1) For each wine with a denomination of origin or a List of vineyards.

geographic indication, the respective areas under vine must, upon

declaration of the interested grape-grower, be registered in the

appropriate list of vineyards for wines with a denomination of origin or

with a geographic indication, and rendered distinct by the respective

DO and by the subregion, if foreseen by the production protocol, or by

the geographic indication, by the vine variety or other regulated

typologies.

(2) The Unit establishes the modalities for the registration

to the list of vineyards, for their updates and for their upkeep.

Part III

Modality for the claim to productions

(1) The claim to the denominations of origin and the Harvest

declarations.

geographic indications shall be affected annually by the grape-grower

through the harvest declaration, in accordance with the form obtainable

from the Unit.

(2) The declaration must be presented by the interested

grape-grower to the Unit in two copies, one of which shall be an original.

The Unit shall return the copy of the declaration with the necessary

stamps and signatures as a receipt to the grape-grower who presents the

declaration.

(3) Together with the procedure in sub-regulation (2) hereof,

the Unit shall insert in the Vineyard Register the relative information

acquired from the harvest declarations and the DOK or I:T certificates

issued.

(4) To ensure that the data given by the grape-grower

corresponds to the actual production the Unit must annually>

(i) determine the average unit production indicative of the

DOK, based on the minimum natural alcoholic content of the grapes

and on the climatic progress and of any other cultivation conditions<

and

(ii) ascertain that the total production of grapes per hectare

of the vineyards for the production of DOK is not more than that

foreseen by the relative production protocol, taking into

consideration any increases or decreases established on a yearly

basis by the Director.

(5) The Unit shall control annually the respective maximum

yield limits and the minimum natural alcoholic volume of each DOK

and I:T.

(6) In regions where different denominations of origin co-

exist having the same ampelographic platform and in which the option

referred to in regulation 8 of these regulations may be exercised at

harvest, the harvest declaration must be made in conformity with the

modalities established by the production protocols.

(7) The surplus of wine produced corresponding to 20% of

the maximum yield in wine as established in the production protocol

cannot be used for the production of the relative DOK< but may be used

for the production of I:T wines where the necessary conditions and

requisites of the relative production protocols are respected. When the

yield is higher than 20%, all the production loses the right to claim the

denomination of origin.

Part IV

Chemical and organoleptic analysis

(1) Wines produced following the regulations foreseen for

the designation and presentation of the DOK and the specific production

protocols shall be submitted for chemical-physical and organoleptic

analysis prior to the bottling phase, i.e. before their designation and

presentation, and a second sample after bottling. The analysis shall

certify that their characteristics correspond to those described in the

respective production protocols.

(2) The analytical examination shall at least include the

values of the elements characteristic of the typology of the wine in

question as indicated by the respective production protocol.

(3) The organoleptic examination shall include the colour,

clarity, smell and taste as indicated by the respective production protocol.

(4) The chemical-physical analysis as indicated in sub-

regulation (1) hereof shall be carried out, on request of the interested

parties, by the Unit’s laboratory< the organoleptic examination as

indicated in sub-regulation (1) hereof shall be carried out by an

appropriate Tasting Panel nominated by the Director.

(5) The Tasting Panel shall provide a report on one single

wine within a maximum of 30 days from the presentation of the request

for the analysis presented by a producer.

(6) Any appeal with regards to the analytical chemical-

physical and sensorial results by single producers must be presented to

the Unit within seven days from the date on which the results of the

first analysis were received. In case of an appeal, the wine shall be re-

examined by another authorised laboratory, for the chemical-physical

analysis, and by the appeals tasting panel, for the sensorial analysis

within 15 days from the date in which the appeal is presented.

(7) The appeals tasting panel shall be nominated by the

Minister. The members of the Appeals Tasting Panel shall not form

part of the Tasting Panel.

(8) Sampling, on request of the interested parties, shall be

carried out by officers from the Unit and shall have the powers conferred

to them by article 19 of the Act.

(9) Sampling shall be carried out in accordance with article

20 of the Act and the official procedures of the Unit.

Part V

Designation and presentation of wines with a denomination of

origin and with a geographic indication

For the designation, the presentation and the protection of Designation for the

presentation of

DOK and I:T wines, the regulations established by Council Regulation wines.

(EC) 1493#1999 and Commission Regulation (EC) 753#2002 and

subsequent modifications, together with the national regulations issued

in application of Community regulations apply.

(1) As of the date on which they are recognised according

to regulation 9 of these regulations, the denominations of origin and the

geographic indications cannot be used if they are not in conformity

with what is established in the recognition.

(2) As of the same date in which at sub-regulation (1) hereof

it is prohibited to qualify, directly or indirectly, products which carry a

denomination of origin or a geographic indication in a way which is not

allowed by the recognition.

(3) The use of a denomination of origin is not considered

such, in the present regulations’ scope, if the geographic name forms

part of a proper name, a society name or addresses of companies,

wineries, farms, or others. In case these names contain in part or in

whole geographic terms reserved to DOK and I:T wines or could create

confusion with them, the characters used to indicate them shall not

exceed three millimetres in height and two millimetres in width and

shall not be more than a quarter of, both in width and height, the

characters used for the denomination of the product and for the indication

of the name of the company or society of the producer, merchant or

bottler.

(4) The recognition of a DOK or an I:T excludes the

possibility of using geographical names used to designate brands and

carries the obligation for the minimisation of the characters for proper

names of companies as in sub-regulation (3) hereof.

(5) Notwithstanding regulation 4 (2) of these regulations,

in the case of homonymous DO or GI, the recognition may be given to

each of them. The Director shall determine the practical conditions by

which valid elements of differentiation are introduced, the interested

producers may receive an equal treatment and which do not mislead the

consumers.

(6) The recognition of a denomination of origin excludes

the possibility of using the same denomination for a geographic

indication.

(7) The use of the indication of a vine variety or a geographic

indication for a DOK or I:T wine, affected in any modality, on the

label, container, packaging, neck tag or sale documents, constitutes a

declaration that the wine is in conformity to the indication and

denomination used.

Part VI

Sanctioning system

(1) Whoever produces, sells or distributes products for Violations in the use

of DO and GI.

consumption with a geographic indication wines that do not posses the

requisites necessary for the use of such indication shall be guilty of an

offence under the Act.

(2) Whoever produces, sells, or distributes products for

consumption, with a denomination of origin wines that do not posses

the requisites necessary for the use of such a denomination shall be

guilty of an offence under the Act.

(3) Sub-regulations (1) and (2) hereof do not apply to any

merchant who sells or distributes for consumption DOK or I:T wines

in their original packaging, save any merchant who participates in the

crime.

(4) Whoever uses the denomination of origin or the

geographic indications for wines which do not posses the requisites for

the use of such denominations or indications, or with additions such as

“kind”, “type”, “style”, “imitation”, “brand” or the like or uses

diminutive or majorative terms or other deformations of the same

denomination or indication or however uses indications, illustrations

or signs that may mislead the consumer, shall be guilty of an offence

under the Act. Such an offence shall also take place when the said words

or altered denominations and indications are shown on the covers,

packaging, commercial documents and on any publicity material.

(5) The term “Quality wine(s)” shall be reserved to QWPSR

wines only. Whoever uses such a description for wines which do not

possess the necessary requisites shall be guilty of an offence under the

Act.

(6) Whoever adopts denominations of origin or geographic

indications as a company name or as a “firm”, “winery”, “farmhouse”,

“estate” or similar or their addresses shall be guilty of an offence under

the Act. The provisions of this sub-regulation shall apply after two years

from the entry into force of an approved DOK or I:T.

(7) The whole lot of wine found in breach of these

regulations shall be put on hold and shall, following the conviction of

any person by the Court and upon an order to that effect given by such

Court, be removed from the market and destroyed under the supervision

of an official appointed by the Director.

(1) Whoever omits making such declarations as are referred

to in sub-regulations (1) and (2) of regulation 14 of these regulations

shall be guilty of an offence under the Act.

(2) Whoever, being bound by the declarations referred to

in sub-regulations (1) and (2) of regulation 15, declares a quantity of

grapes or wine which is greater than that actually produced, shall be

guilty of an offence under the Act.

Whoever breaches the Council Regulation (EC) 1493#99 and

Commission Regulation (EC) 753#2002, with regards to the modalities

of designation and presentation for labelling of bottles or other containers

having a capacity not greater than 5 litres, containing DOK and I:T

wines, shall be guilty of an offence under the Act.