Wine (Amendment) Regulations, 2011

L.N. 286 of 2011

WINE ACT

(CAP. 436)

Wine (Amendment) Regulations, 2011

IN exercise of the powers conferred by article 3, 14 and 27

of the Wine Act, the Minister for Resources and Rural Affairs, on

the advice of the Wine Regulation Board, has made the following

regulations:-

The title of these regulations is the Wine (Amendment) Citation.

Regulations, 2011, and they shall be read and construed as one

with the Wine Regulations, 1970, hereinafter referred to as “the L.N. 93 of 1970.

principal regulations”.

For subregulation (1) of regulation 3 of the principal Amends regulation

regulations there shall be substituted the following

“(1) No person may apply for a licence under article 3

of the Act, or for the renewal of any such licence, except on

the form in the First Schedule to these regulations.”.

For regulation 6 of the principal regulations there shall be Substitutes regulation

substituted the following

The fee chargeable by the Director for the issue

“Amount of

licence fee.

or the renewal of a licence under article 3 of the Act

shall be of forty-six euro and fifty-nine cents (€46.59).”.

4. In sub-regulation (1) of regulation 7 of the principal Amends regulation

regulations, for the words “article 3” there shall be substituted the regulations.

words “article 10”, and for the words “article 17(3)” there shall be

substituted the words “article 19(4)”.

5. For regulation 8 of the principal regulations there shall be Substitutes regulation

substituted the following

Vintners shall submit a Production Declaration

“Production

Declaration.

to the Director by the 31st October of each year on the

form in the Second Schedule to these regulations.”

6. Regulation 9 of the principal regulations shall be deleted.

7. Regulations 10 to 13 of the principal regulations shall be

renumbered as regulations 9 to 12, respectively.

8. For sub-regulation (4) of regulation 10 as renumbered, of

the principal regulations there shall be substituted the following

“(4) Any register or record kept by vintners in terms

of their obligations under the Act or any regulations made

thereunder shall be made on numbered pages in a register

previously approved by the Director. Registers of the loose-

leaf type shall not be approved.”.

In sub-regulation (2) of regulation 11 as renumbered, of

the principal regulations, for the words “article 18” there shall be

substituted the words “article 20”.

Immediately after regulation 12 as renumbered, of

the principal regulations, there shall be added the following new

regulation

Any person who contravenes or fails to

“Offences and

Penalties.

comply with any of these regulations shall be guilty of

an offence and shall be liable to the penalties stipulated

under article 26 of the Act.”

10. For the First Schedule to the principal regulations there

shall be substituted the following

B

“First Schedule

Regulation 3

Licence Application Form

For Official Use

No. of Commercial

Application for a

Licence

Date of receipt of

Commercial Licence for the

application

Production of Wine

Inserted by

MALTA

AGRICULTURAL DIRECTORATE - VITICULTURE AND OENOLOGY UNIT

A

GENERAL INFORMATION

Details of Applicant

I.D. Card no.

Surname

Name

Address where correspondence

is to be sent

Mobile no.

Fax

Telephone no.

E-mail address

Name and Address of the

Registered Company

Website

Winery Address

DECLARATION

I, the undersigned, am applying for a Commercial Licence to produce wine for

commercial purposes, in accordance with the Wine Act (2001);

I declare that all the details in this application and the declarations I have made in

this application are correct and I understand that legal action may be taken against

me and the Company in case of false declaration from my part, or any other person

who acts in my name in connection with this application;

I understand that granting of the licence may be withheld if the Winery is certified,

on more than one occasion, that it has not reached the level of technology or

hygiene that is required by law;

I declare that I will strictly abide to all the Regulations that are published by the

Governmental Departments which pertain to this application and I understand that

should I fail in doing so, I may be prosecuted;

I declare that I will operate in the context of Maltese law, which pertains to the

production of wine and the sale of these wines.

Signature of Applicant

Date

B

NAME (CAPITALS)

POSITION

(e.g. member, agent, manager)

FOR OFFICIAL USE ONLY

C

PAYMENT OF LICENCE

Right for Commercial Licence (! 46.59)

Affected payment

Yes

No

Mode of Payment

Cash

Cheque

Receipt

Issued by

Receipt no.

B

Date of receipt

Stamp

D

ISSUING OF LICENCE

Production and Storage Declaration

Year of Declaration

Declaration no.

Approval

Not

Approved

Stamp

Signature

Date

Approved

Viticulture and

Oenology Unit

Health and

Safety

Department

B

Final Decision

Approved

Not Approved

Your application has been

Remarks

” .

Substitutes the Second 11.

For

the

Second

Schedule to the principal regulations

Substitutes the Second

Schedule to the

Schedule

to the

principal

regulations.

there shall

be substituted

the regulations

following

principal 11.

regulations.

For the Second

Schedule

to the principal

there shall be substituted the

following

“Second Schedule

Regulation 8

Production Declaration

A. Information concerning the declarant 1

B. Place where the products are held

Wines obtained since the beginning of the wine year and products

Name and

Area of

Other wines and products

other than wine held at the date of the declaration (hL)

address of the

vineyards

suppliers and

in

Category

Quantity

reference of

production

(quintals

Table wines

Quality wines psr

Other wines

delivery

in which

product

or hL) 3

document

the

Wines 5

(accompanying

products

Other

products 6

or other

used

Without a

With a

Must 4

Must 4

Wines 5

Must 4

Wines 5

documents)

originate

geographic

geographical

indication

indication

r

w

r

w

r

w

r

w

r

w

r

w

r

w

1. For cooperatives, the list of members who deliver the entire harvest should be separate from that of other members.

2. Grapes, grape must (concentrated must, rectified concentrated must partially fermented must), new wines still in fermentation.

3. Quantity refers to the amount of grapes, measured in quintals or must, measured in hL.

4. Including partially fermented must but excluding concentrated must and rectified concentrated must.

5. Including new wines still in fermentation

6. All products of the wine year other than those declared in other columns and concentrated must and rectified concentrated must held at

the time of the declaration. The quantities should be entered by product category.

Signature of Declarant

” .

€0.72