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Second Schedule — EXCISE DUTY ACT

Laws of Malta — Chapter 382 — EXCISE DUTY ACT
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Second Schedule · EXCISE DUTY ACT

ALCOHOL AND ALCOHOLIC BEVERAGES

Description of excisable goods

BEER

by the actual alcoholic

strength by volume

expressed as percentage

If produced by small and independent breweries with an

annual production not exceeding two-hundred thousand by the actual alcoholic

(200,000) hL of beer.

strength by volume

expressed as percentage

P r o d u c t s c o n t a i n i n g a m i x tu r e of beer with non-

alcoholic drinks and beers not exceeding 3.5% of the actual by the alcoholic strength

alcoholic strength by volume.

by volume expressed as

percentage

The term "beer" covers any product falling within

C u s t o m s T a r i ff H e a d i n g N o . 2 2 0 3 or a n y p r o d u c t

containing a mixture of beer with non-alcoholic drinks

falling within Customs Tariff Heading No. 2206, in e i t h e r

c a s e w i t h an a c t u a l a l c o h o l i c s t r e n g t h by v o l u m e

exceeding 0.5% vol.

WINE OF FRESH GRAPES

1. If produced by independent small wine producers

which produce on average less than twenty-thousand

(20,000) hL of wine per year

2. The term "still wine" covers all products falling

within Customs Tariff Heading Nos. 2204, 2205 and 2206

except sparkling wine as defined in paragraph 2 below

EXCISE DUTY

-

which have an actual alcoholic strength by volume

exceeding 1.2% vol., but not exceeding 15% vol., provided

that the alcohol co n ta in ed in the finished product is

entirely of fermented origin;

-

which have an actual alcoholic strength by volume

exceeding 15% vol., and not exceeding 18% vol., provided

they have been produced without any enrichment and that

the alcohol contained in the finished product is entirely of

fermented origin.

3. The term "sparkling wine" covers all products

falling within CN codes 2204 10, 2204 21 06, 2204 21 07,

2204 21 08, 2204 21 09, 2204 29 10 and 2205 which

-

are contained in bottles with "mushroom stoppers"

held in place by ties or fastenings, or they have an excess

pressure due to carbon dioxide in solution of three (3) bar or

more;

-

have an actual alcoholic strength by volume

exceeding one point two per cent (1.2%) vol., but not

exceeding fifteen per cent (15%) vol., provided that the

alcohol contained in the finished product is entirely of

fermented origin.".

FERMENTED BEVERAGES

1. The term ‘still fermented beverages’ covers all

products falling within Customs Tariff Heading Nos. 2204

and 2205 but not falling under Wine of Fresh Grapes

above, and products falling within Customs Tariff Heading

No. 2206, except other sparkling fermented beverages as

defined in paragraph 2 below and any product covered

under Beer above

-

having an actual alcoholic strength by volume

exceeding 1.2% vol., but not exceeding 10% vol.,

-

having an actual alcoholic strength by volume

exceeding 10% but not exceeding 15% vol., provided that

the alcohol contained in the product is entirely of

fermented origin.

2. The term ‘sparkling fermented beverages’ covers

all products falling within Customs Tariff Heading No.

2206 00 30 as well as products falling within Customs

Tariff Heading Nos. 2204.10, 2204.21.10, 2204.29.10 and

2205 not mentioned under ‘Wine of Fresh Grapes’ above

which

-

are contained in bottles with 'mushroom stoppers'

held in place by ties or fastenings, or they have an excess

pressure due to carbon dioxide in solution of three bar or

more,

-

have an actual alcoholic strength by volume

exceeding 1.2% vol., but not exceeding 13% vol.,

EXCISE DUTY

-

have an actual alcoholic strength by volume

exceeding 13%, but not exceeding 15% vol., provided that

the alcohol contained in the product is entirely of

fermented origin.

3. The term "other sparkling fermented beverages"

covers all products falling within CN codes 2206 00 31 and

2206 00 39 as well as products falling within CN codes 2204

10, 2204 21 06, 2204 21 07, 2204 21 08, 2204 21 09, 2204 29

10 and 2205 excluding still wine and sparkling wine which

–

are contained in bottles with "mushroom stoppers"

held in place by ties or fastenings, or they have an excess

pressure due to carbon dioxide in solution of three (3) bar

or more;

–

have an actual alcoholic strength by volume

exceeding one point two per cent (1.2%) vol., but not

exceeding thirteen per cent (13%) vol.;

–

have an actual alcoholic strength by volume

exceeding thirteen per cent (13%) vol., but not exceeding

fifteen per cent (15%) vol., provided that the alcohol

contained in the product is entirely of fermented origin.

INTERMEDIATE PRODUCTS

The term ‘intermediate products’ covers all products of

an actual alcoholic strength by volume exceeding 1.2%

vol., but not exceeding 22% vol., and falling within

Customs Tariff Heading Nos. 2204, 2205 and 2206 but not

mentioned under Beer or Wine of Fresh Grapes or

Fermented Beverages above.

NOTE: Still fermented beverages falling within the

scope of paragraph 1 under Fermented Beverages which

have an actual alcoholic strength exceeding 5.5% vol., and

which are not entirely of fermented origin, and any

sparkling fermented beverages falling within the scope of

paragraph 2 under Fermented Beverages which have an

actual alcoholic strength exceeding 8.5% vol., and which

are not entirely of fermented origin are to be treated as

Intermediate Products.

ETHYL ALCOHOL

litre

The term 'ethyl alcohol' covers

-

all products with an actual alcoholic strength by

volume exceeding 1.2% volume which fall within Customs

Tariff Heading Nos. 2207 and 2208, even when those

products form part of a product which falls within another

chapter of the Customs Tariff,

-

products of Customs Tariff Heading Nos. 2204,

2205 and 2206 which have an actual alcoholic strength by

volume exceeding 22% vol.,

EXCISE DUTY

-

potable spirits containing products, whether in

solution or not.

EXEMPTIONS

The products described in this Schedule are exempt

from the payment of excise duty under such conditions

which the Minister may prescribe for the purpose of

ensuring the correct and straightforward application of

such exemptions and of preventing any evasion, avoidance

or abuse

1. a.

when distributed in the form of alcohol which

has been completely denatured in accordance with the

requirements of the Member State where it has been released

for consumption, where such requirements were duly notified

in writing and authorised. The Commissioner shall apply

Chapter V of Council Directive (EU) 2020/262 of 19

December 2019 laying down the general arrangements for

excise duty (recast);

b.

when used as part of the manufacturing process

of any product not for human consumption, provided the

alcohol has been denatured in accordance with the

requirements of any Member State for the given use.

T h i s e x e m p ti o n sh a l l a p pl y wh e n su c h d e na tu r e d

alcohol

– has been incorporated into the product not for

human consumption; or

– is used for maintenance and cleaning of the

manufacturing equipment used for this particular

manufacturing process;

– The Commissioner shall apply Chapter IV of Council

Directive (EU) 2020/262 of 19 December 2019 laying down

the general arrangements for excise duty (recast) to

movements of denatured alcohol that has not yet been

incorporated into a product that is not for human

consumption;

c.

when used for the production of vinegar

falling within Customs Tariff Heading No. 2209;

d.

when used in the production of medicines

referred to in Directives 2001/82/EC and 2001/83/ EC;

e.

when used for the production of flavours for

the preparation of foodstuffs and non-alcoholic beverages

with an alcohol strength not exceeding 1.2% vol.;

f.

when used directly or as a constituent of semi-

finished products for the production of foodstuffs, filled or

otherwise, provided that in each case the alcoholic content

does not exceed 8.5 litres of pure alcohol per 100 kg of the

product for chocolates, and 5 litres of pure alcohol per 100

kg of the product for other products;

g.

alcoholic beverages to be sold for immediate

consumption on board ships or aircraft travelling to

another EU country.

EXCISE DUTY

2. a.

as samples for analysis, for necessary

production tests, or for scientific purposes;

b.

for scientific research;

c.

for medical purposes in hospitals and

pharmacies;

d.

in a manufacturing process provided that the

final product does not contain alcohol;

e.

in the manufacture of a component product

which is not subject to excise duty;

f.

in the manufacture of food supplements defined

by Directive 2002/46/EC of the European Parliament and of

the Council containing ethyl alcohol, if the unit packet of the

food supplement released for consumption does not exceed

0,15 litres and food supplements are placed on the market

pursuant to Article 10 of Directive 2002/46/EC.

3. when used by the armed forces of any Member State,

other than Malta, for the use of those forces, for the civilian

staff accompanying them or for supplying their messes or

canteens when such forces take part in a defence effort

carried out for the implementation of a Union activity under

the common security and defence policy.

DENATURANTS approved by the Commissioner

1. In the manufacture of Mineralised Methylated

Spirit the denaturant should be composed of

Base

- 90% vol. ethanol

- 9.5% vol. wood naptha, and

- 0.5% vol. crude pyridine

To each 1,000 litres of which is added

- 3.75 litres of mineral naptha (petroleum oil) and

- 1.50 ppm of methyl violet.

2. In the manufacture of Industrial Methylated Spirit

the denaturant should be composed of

Base

- 90% vol. ethanol

- 10% vol. wood naptha

To each 1,000 litres of which is added

- 0.5% vol. crude pyridine

3. In the manufacture of other denaturant spirits the

denaturant should be composed of

(i) when

for

industrial

use

(excluding

pharmaceutical industry)

10 ppm denatonium benzoate irrespective of the

alcoholic strength of the alcohol to be denatured

(ii) when for surgical or pharmaceutical use

EXCISE DUTY

Either

-

90% vol ethanol

-

10% vol isopropyl alcohol

(This type of denatured alcohol is normally

used in pharmaceutical industrial plants)

or

-

95% vol ethanol

-

5% vol wood naphta

To each 100 litres of which is added

-

0.5% vol methyl salicylate

-

2.0% vol diethyl phthalate

-

2.5% castor oil

(This type of denatured alcohol is commercially

referred to as Surgical Spirit)

← Art. 2 Definitions. EXCISE DUTY ACT Art. 3 Impositions of excise duty. →

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