DENOMINATION OF ORIGIN AND OF GEOGRAPHIC INDICATIONS REGULATIONS

SUBSIDIARY LEGISLATION 436.05

DENOMINATION OF ORIGIN AND OF

GEOGRAPHIC INDICATIONS REGULATIONS

1st June, 2005

LEGAL NOTICE 190 of 2006, as amended by Legal Notices 231 of 2009

and 183 of 2010.

The title of these regulations is the Denomination of Origin

and of Geographic Indications Regulations.

In these regulations, the following words and phrases shall

have the following meanings

"the Act" means the Wine Act;

"the Director" means the Director of Agriculture;

"label" includes any tag, ring or collar, brand name, trade mark,

pictorial or other descriptive matter in any case, which is written,

printed, stencilled, marked, embossed or impressed on, or attached to, a

wine bottle or container, or in any other way clearly visible through its

packaging;

"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

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

u s e d t o p r o d u c e a q u a l i ty a n d w e l l k n o w n p r o d u c t , w h o s e

characteristics are 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, 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, 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, with

regards to the products within the present regulations, are classified

as

Denominazzjoni ta’ Ori[ini Kontrollata (DOK); and

(i)

(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

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, 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

t h eir s y n o n y m s , s p eci f ic m en t io n s , r ef e r en ce t o p a r ti cu l ar

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.

(5)

(a) No container or bottle enclosing DOK or I{T wine

shall be released from any warehouse or winery or put

up for sale unless such container or bottle has affixed a

band or stamp which shall act as a seal in a manner

indicated by the Viticulture and Oenology Unit.

(b) Any such band, stamp or seal shall be of the type

approved by the Viticulture and Oenology Unit and

shall be supplied by the same Unit or at any other

place to be appointed by the Minister responsible for

agriculture by notice in the Gazette.

(c) The band, stamp or seal shall display a security print

together with a serial number and the volume of the

container or bottle on it.

(d) Such band, stamp or seal shall be issued and released

for use by the Viticulture and Oenology Unit at a

charge after the same Unit is satisfied that it has

passed all wine sampling requirements and has

attained wine certification as either DOK or IGT in

terms of these regulations.

(e) Any person found in possession of any quantity of

wine products in contravention of the provisions of

these regulations shall be guilty of an offence under

the Act.

(6) Any words, particulars, trademark, brand name, pictorial matter,

symbol or other descriptive measure which in any case depicts a

landmark of the Maltese Islands or other places pertaining to the Maltese

Islands, shall only be used for certified DOK or IGT wines.

(1) The mention "Ri\erva" is attributed to DOK wines

which 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 and as declared in the

annual wine production declaration according to regulation 16,

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.

(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

wh ich at reg ulation 3, cor r es po nd ing to th e co nd ition s 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 subregulation

(2), 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

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

following elements must be established

DENOMINATION OF ORIGIN

AND OF GEOGRAPHIC INDICATIONS

(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

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

producers, supported by the documentation requested in regulation

10, 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 subregulation (1) 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. 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.

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

chemical-physical and organoleptic analysis, as prescribed in

regulation 17, 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

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 subregulation (1).

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

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

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 subregulation (2), 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 coexist

having the same ampelographic platform and in which the option

referred to in regulation 8 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

u s ed f o r th e p r o du c tio n o f I {T wi n es wh e r e t h e n ec es sa r y

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

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

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

indicated in subregulation (1) 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 thirty 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

reexamined by another authorised laboratory, for the chemical-

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

analysis within fifteen 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

DOK and I{T wines, the regulations established by Council

Regulation (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, 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 subregulation (1) 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 subregulation (3).

(5)

Notwithstanding

regulation

4(2),

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

wh ich valid elem ents o f d iffer en tiation ar e intr od uced, 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

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) Subregulations (1) and (2) 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 subregulation 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 regulation 14(1) and (2) shall be guilty of an offence

under the Act.

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

regulation 15(1) and (2), 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.