WINE AND VITIVINICULTURAL PRODUCTS (STOCKS DECLARATION) REGULATIONS (stocksdeclaration)

SUBSIDIARY LEGISLATION 436.04

WINE AND VITIVINICULTURAL PRODUCTS

(STOCKS DECLARATION) REGULATIONS

1st May, 2004

LEGAL NOTICE 189 of 2006, as amended by Legal Notice 426 of 2007.

The title of these regulations is the Wine

and

Vitivinicultural Products (Stocks Declaration) Regulations.

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 28th 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 28th 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 31st July.

Quantities of wine and, or musts which are in transit at midnight of

the 31st 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 subregulation (1), 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 shall

be presented on the appropriate form in conformity with the First

Schedule.

(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 1st 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 subregulation (3).

(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 regulation

3(1) and who fails to present a stocks declaration by the 1st

September of any year shall be guilty of an offence and shall, on

conviction, be liable to a fine (multa) of four hundred and sixty-

five euro and eighty-seven cents (465.87) 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

I D n u m b e r a n d , o r VAT

number

Street and civic number or company address

Post Code

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

Product Category

Reds and Rosès

Whites

Total

Hectolitres

Hectolitres

Hectolitres

Table wines without a 1

geographic indication

Stocks held by producer

Ta b l e w i n e w i t h a 2

geographic indication

L iq u eur, s p ark li ng, 3

aerated wines

Grape musts

Q.W.P.S.R.

Total at production

(1+2+3+4+5)

Table wines without a 7

Community

geographic indication

Wines of

Stocks on the market

origin

Ta b l e w i n e w i t h a 8

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

(in hectoliters of must)

Stocks on

Rectified concentrated musts

(in hectoliters of must)

Total on the market (16+17)

TOTAL (15 + 18)

WINE AND VITIVINICULTURAL PRODUCTS

(STOCKS DECLARATION)

Section C - Information regarding the location of the stocked products

Address(es)

are held

stocks

where

The present form is composed by sections

(Cross out the boxes that correspond to the sections

A

B

C

filled in)

Section D - Information on quality wines produced in Malta

Code

Denomination

Red and Rosè

Hectolitres

TOTAL

Section E - Information on quality sparkling wines produced in Malta

Code

Denomination

Red and Rosè

Hectolitres

TOTAL

Section F - Information on quality aerated wines produced in Malta

Code

Denomination

Red and Rosè

Hectolitres

TOTAL

WINE AND VITIVINICULTURAL PRODUCTS

(STOCKS DECLARATION)

Section G - Information on quality liqueur wines produced in Malta

Code

Denomination

Red and Rosè

White

Hectolitres

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

G]ammieri

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.