{"html": "<div class=\"lf-doc\"><p class=\"lf-p\">The term ‘sparkling fermented beverages’ covers all products falling within Customs Tariff Heading No.</p>\n<p class=\"lf-p\">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., €20 per 1000 litres 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.</p>\n<p class=\"lf-p\">3.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">INTERMEDIATE PRODUCTS €152.00 per hectolitre 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.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">ETHYL ALCOHOL 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., €0.136 per % vol. per litre EXCISE DUTY potable spirits containing products, whether in solution or not.</p>\n<p class=\"lf-p\">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:</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">1.</span>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</div>\n<h3 class=\"lf-part\">Chapter V of Council Directive (EU) 2020/262 of 19</h3>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">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:</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">–</span>has been incorporated into the product not for human consumption; or</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">–</span>is used for maintenance and cleaning of the manufacturing equipment used for this particular manufacturing process;</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">–</span>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 semifinished 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.</div>\n<p class=\"lf-p\">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.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">3.</span>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.</div>\n<p class=\"lf-p\">DENATURANTS approved by the Commissioner 1.</p>\n<p class=\"lf-p\">In the manufacture of Mineralised Methylated Spirit the denaturant should be composed of:</p>\n<p class=\"lf-p\">Base:</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">-</span>90% vol. ethanol</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">-</span>9.5% vol. wood naptha, and</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">-</span>0.5% vol. crude pyridine To each 1,000 litres of which is added:</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">-</span>3.75 litres of mineral naptha (petroleum oil) and</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">-</span>1.50 ppm of methyl violet.</div>\n<p class=\"lf-p\">2.</p>\n<p class=\"lf-p\">In the manufacture of Industrial Methylated Spirit the denaturant should be composed of:</p>\n<p class=\"lf-p\">Base:</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">-</span>90% vol. ethanol</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">-</span>10% vol. wood naptha To each 1,000 litres of which is added:</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">-</span>0.5% vol. crude pyridine 3.</div>\n<p class=\"lf-p\">In the manufacture of other denaturant spirits the denaturant should be composed of: (i) when for industrial use (excluding pharmaceutical industry):</p>\n<p class=\"lf-p\">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:</p>\n<p class=\"lf-p\">90% vol ethanol 10% vol isopropyl alcohol (This type of denatured alcohol is normally used in pharmaceutical industrial plants) or:</p>\n<p class=\"lf-p\">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) Amended by:</p>\n<p class=\"lf-p\">VII. 1997.3.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">XXV. 1997.5.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">IV. 1998.3;</p>\n<p class=\"lf-p\">V. 1999.3;</p>\n<p class=\"lf-p\">VII. 2000.2.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">IX. 2001.9.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">II. 2002.27;</p>\n<p class=\"lf-p\">II. 2003.50.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">II. 2004.57;</p>\n<p class=\"lf-p\">II. 2005.38.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">L.N. 118 of 2006.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">L.N. 425 of 2007.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">II. 2009.34;</p>\n<p class=\"lf-p\">I. 2010.64;</p>\n<p class=\"lf-p\">IV. 2011.69;</p>\n<p class=\"lf-p\">V. 2012.52;</p>\n<p class=\"lf-p\">III. 2013.65;</p>\n<p class=\"lf-p\">XII. 2014.72;</p>\n<p class=\"lf-p\">XIII. 2015.137;</p>\n<p class=\"lf-p\">XV. 2016.36;</p>\n<p class=\"lf-p\">XVI. 2017.69;</p>\n<p class=\"lf-p\">L.N. 177 of 2022;</p>\n<p class=\"lf-p\">L.N. 50 of 2023;</p>\n<p class=\"lf-p\">IX.2025.57;</p>\n<p class=\"lf-p\">III.2026.50.</p>\n<p class=\"lf-p\">THIRD SCHEDULE MANUFACTURED TOBACCO Description of excisable goods Rate of Excise Duty EXCISE DUTY Cigarettes 1.</p>\n<p class=\"lf-p\">23.4% of the retail price plus €107 per 1000 cigarettes but not less than €165 per 1000 cigarettes a. i.</p>\n<p class=\"lf-p\">The following shall be deemed to be cigarettes: rolls of tobacco capable of being smoked as they are and which are not cigars or cigarillos within the definition of cigars or cigarillos below; ii. rolls of tobacco which, by simple non-industrial handling, are inserted into cigarette-paper tubes; iii. rolls of tobacco which, by simple non-industrial handling, are wrapped in cigarette paper; b.</p>\n<p class=\"lf-p\">A roll of tobacco referred to in paragraph 1.a.i. shall, for excise duty purposes, be considered as two cigarettes where, excluding filter or mouthpiece, it is longer than 8 cm but not longer than 11 cm, as three cigarettes where, excluding filter or mouthpiece, it is longer than 11 cm but not longer than 14 cm, and so on.</p>\n<p class=\"lf-p\">Products consisting in whole or in part of substances other than tobacco but otherwise conforming to the criteria set out in subparagraph a.i. to iii. above shall be treated as cigarettes and the provisions of this sub-paragraph shall apply thereto.</p>\n<p class=\"lf-p\">2.</p>\n<p class=\"lf-p\">For the purpose of the ad valorem duty, the retail price is the price established by the importer or manufacturer or their representative for the retail sale of cigarettes; where no such price has been established the lowest-established local retail price at which cigarettes are sold by retail is to be used.</p>\n<p class=\"lf-p\">Cigars and Cigarillos The following shall be deemed to be cigars or cigarillos if they c a n b e a n d, g i v e n t h e i r p r o p e r t i e s a n d n or m a l co n s u m e r expectations, are exclusively intended to be smoked as they are: i. rolls of tobacco with an outer wrapper of natural tobacco; ii. rolls of tobacco with a threshed blend filler and with an outer wrapper of the normal colour of a cigar, covering the product in full, including, where appropriate, the filter but not, in the case of tipped cigars, the tip, where the unit weight, not including filter or mouthpiece, is not less than 2,3 g and not more than 10g, and the circumference over at least one third of the length is not less than 34mm.</p>\n<p class=\"lf-p\">Products which consist in part of substances other than tobacco but otherwise fulfil the criteria set out above shall be treated as cigars and cigarillos, but a type of cigar which is similar in many respects to a cigarette is treated as a cigarette for excise purposes. €25.24 per 1000 units EXCISE DUTY Hand-rolling Tobacco Smoking tobacco which is similar in many respects to fine-cut tobacco intended for the rolling of cigarettes is treated as finecut tobacco for excise purposes. €122 per kg.</p>\n<p class=\"lf-p\">Other Smoking Tobacco The following shall be deemed to be smoking tobacco: i. tobacco which has been cut or otherwise split, twisted or pressed into blocks and is capable of being smoked without further industrial processing; ii. tobacco refuse put up for retail sale which does not fall under the definition of cigars and cigarillos or cigarettes and which can be smoked. For the purpose of this paragraph, \"tobacco refuse\" shall be deemed to be remnants of tobacco leaves and byproducts obtained from tobacco processing or the manufacture of tobacco products.</p>\n<p class=\"lf-p\">Smoking tobacco as defined above in which more than 25% by weight of the tobacco particles have a cut width of less than 1.5 mm shall be deemed to be fine-cut tobacco for the rolling of cigarettes.</p>\n<p class=\"lf-p\">Smoking tobacco in which more than 25% by weight of the tobacco particles have a cut width of 1.5 mm or more and which was sold or intended to be sold for the rolling of cigarettes may also be deemed to be fine-cut tobacco for the rolling of cigarettes.</p>\n<p class=\"lf-p\">Products consisting in whole or in part of substances other than tobacco but otherwise conforming to the criteria set out in sub- paragraphs i. and ii. above shall be treated as smoking tobacco. €36.40 per kg EXEMPTIONS Products containing no tobacco and used exclusively for medical purposes shall not be treated as manufactured tobacco Manufactured tobacco denatured to the satisfaction of the Commissioner and used for industrial or horticultural purposes.</p>\n<p class=\"lf-p\">Manufactured tobacco which is destroyed under administrative supervision.</p>\n<p class=\"lf-p\">Manufactured tobacco which is solely intended for scientific tests and for tests connected with product quality.</p>\n<p class=\"lf-p\">Manufactured tobacco which is reworked by the producer Tobacco products to be sold for immediate consumption on board ships or aircraft travelling to another EU country.</p>\n<p class=\"lf-p\">EXCISE DUTY Tobacco products 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.</p>\n<p class=\"lf-p\">COMMON PARTIAL THRESHOLD The common partial loss threshold for manufactured tobacco, falling within the scope of Council Directive 2011/64/EU, is 0 %.</p>\n<p class=\"lf-p\">FOURTH SCHEDULE ENERGY PRODUCTS Description of excisable goods Substituted by:</p>\n<p class=\"lf-p\">VII. 1997.4;</p>\n<p class=\"lf-p\">XXV. 1997.5.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">IV. 1998.4;</p>\n<p class=\"lf-p\">V. 1999.4.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">IX. 2001.9;</p>\n<p class=\"lf-p\">II. 2002.28;</p>\n<p class=\"lf-p\">II. 2004.57;</p>\n<p class=\"lf-p\">II. 2005.38.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">II. 2006.17.</p>\n<p class=\"lf-p\">Substituted:</p>\n<p class=\"lf-p\">VIII. 2006.2.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">IV. 2007.33.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">L.N. 425 of 2007.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">XXXII. 2007.80;</p>\n<p class=\"lf-p\">L.N. 105 of 2008;</p>\n<p class=\"lf-p\">II. 2009.35;</p>\n<p class=\"lf-p\">I. 2010.65;</p>\n<p class=\"lf-p\">IV. 2011.70;</p>\n<p class=\"lf-p\">V. 2012.53;</p>\n<p class=\"lf-p\">III. 2013.66;</p>\n<p class=\"lf-p\">XII. 2014.73;</p>\n<p class=\"lf-p\">XIII. 2015.138;</p>\n<p class=\"lf-p\">XV. 2016.37;</p>\n<p class=\"lf-p\">XVI. 2017.70;</p>\n<p class=\"lf-p\">VII.2018.76;</p>\n<p class=\"lf-p\">VII.2019.58;</p>\n<p class=\"lf-p\">VIII.2020.65;</p>\n<p class=\"lf-p\">L.N. 250 of 2020;</p>\n<p class=\"lf-p\">XVIII.2021.54;</p>\n<p class=\"lf-p\">L.N. 429 of 2021;</p>\n<p class=\"lf-p\">L.N. 177 of 2022;</p>\n<p class=\"lf-p\">IX.2025.58;</p>\n<p class=\"lf-p\">III.2026.51.</p>\n<p class=\"lf-p\">Rate of Excise Duty</p>\n<h3 class=\"lf-part\">Part A Leaded petrol falling within CN Codes 2710.12.31,</h3>\n<p class=\"lf-p\">2710.12.50.11, 2710.12.50.19, 2710.12.50.90, 2710.12.51 and €678.18 per 1000 2710.12.59 litres EXCISE DUTY Unleaded petrol falling within CN Codes 2710.12.41, 2710.12.45 and 2710.12.49 Gas Oil falling within CN Codes 2710.19.42 to 2710.19.48 or 2710.20.11 to 2710.20.19 €359 per 1000 litres €330 per 1000 litres Gas Oil falling within CN Codes 2710.19.31, 2710.19.35, and 2710.19.55 and blends of the foregoing with Biodiesel, excluding Gas Oil or Gas Oil blended with Biodiesel, with a sulphur content €413.078 per not exceeding 0.1% sulphur by weight if used for heating purposes 1000 litres €112.09 per 1000 If used in the following maritime commercial activities: litres Bunkering operations Conveyance of passengers and goods between shore and ocean-going vessels Conveyance of passengers between Malta and Comino, Gozo and Comino - Dredging operations - Cruises around the Maltese Archipelago Inland Navigation between Malta and Gozo by vessels of a tonnage less than 3,500 tons - Sea farming activities - Tugging activities Navigation for commercial purposes within Maltese territorial waters.</p>\n<p class=\"lf-p\">If used in the following maritime commercial activity:</p>\n<p class=\"lf-p\">Inland Navigation between Malta and Gozo by vessels of a tonnage of 3,500 tons or more;</p>\n<p class=\"lf-p\">Inland Navigation between Malta and Gozo by vessels in line with Port Notice No TM/PYD/PN/02/ 2021.</p>\n<p class=\"lf-p\">If used for electric power generation.</p>\n<p class=\"lf-p\">Fuel oil falling under HS Code 27101962 with density 0.8200 to 0.8900 is to be considered as Gas Oil If used for fishing purposes as laid down by Department of Fisheries.</p>\n<p class=\"lf-p\">If used by rescue vessels, or vessels which render assistance for rescue purposes at sea. €330 per 1000 litres EXCISE DUTY Gas Oil or Gas Oil blended with Biodiesel, with a sulphur €172.09 per 1000 litres content not exceeding 0.1% sulphur by weight if used for heating purposes by: - State and private hospitals - State Senior Citizen’s Homes - Corradino Correctional Facility Sports, philanthropic and religious entities so authorised by the Minister Bakeries up to a maximum amount of litres per month required by the bakery as certified by a mechanical engineer Other entities so authorised by the Minister.</p>\n<p class=\"lf-p\">Gas Oil or Gas Oil blended with Biodiesel, with a sulphur €172.09 per 1000 content not exceeding 0.1% sulphur by weight if used for heating litres purposes against a request for refund.</p>\n<p class=\"lf-p\">Biodiesel, a diesel quality liquid fuel produced from biomass or €412.40 per 1000 litres waste cooking oil, with an ester content of not less that 96.5% by weight and a sulphur content not exceeding 0.005%, whether in blend or not.</p>\n<p class=\"lf-p\">Heavy fuel oil falling within CN Codes 2710.19.51, 2710.19.62 €39.00 per 1000 to 2710.19.68 or 27.10.20.31 to 2710.20.39 Kgs If used for electric power generation N a t u r a l g a s f a l l i n g w i t h i n C N C o d e s 2 7 11 . 11 . 0 0 a n d 2711.21.00 If used as motor fuel €2.60 per 1 gigajoule, gross calorific value If used for heating purposes €0.84 per 1 gigajoule, gross calorific value If used for electric power generation Liquid petroleum gas falling within CN Codes 2711.12 to €125.00 per 1000 2711.13, except when used for heating purposes Kgs Liquid petroleum gas falling within CN Codes 2711.12 to €38.94 per 1000 2711.13, when used for heating purposes Kgs Methane falling within CN Code 2711.29.00 €38.94 per 1000 Kgs Kerosene falling within CN Codes 2710.19.21, 2710.19.25 and €412.40 per 1000 2710.19.29 litres If used for the following purposes: €72.21 per 1000 litres for air navigation between Malta and Gozo for testing and maintenance of aircraft engines EXCISE DUTY If used by private pleasure aircraft for direct voyages to destinations outside the European Union</p>\n<h3 class=\"lf-part\">Part B Petroleum oils falling within CN Code 2710 1971, for</h3>\n<p class=\"lf-p\">undergoing a specific process, not intended for use, offered for sale or used as heating or motor fuel €0.25 per litre Petroleum oils falling within CN Code 2710 1975, for undergoing chemical transformation by a process other than those specified in r espect of subheading 2710 1971, not intended for use, offered for sale or used as heating or motor fuel €0.25 per litre Petroleum oils falling within CN Code 2710 1981, motor oils, compressor lube oils, turbine lube oils, not intended for use, offered for sale or used as heating or motor fuel €0.25 per litre Petroleum oils falling within CN Code 2710 1983, liquids for hydraulic purposes, not intended for use, offered for sale or used as heating or motor fuel €0.25 per litre Petroleum oils falling within CN Code 2710 1985, white oils, liquid paraffin excluding heavy liquid paraffin BP/USP 6360 qualifying as a food grade product, not intended for use, offered for sale or used as heating or motor fuel €0.25 per litre Petroleum oils falling within CN Code 2710 1987, gear oils and reductor oils, not intended for use, offered for sale or used as heating or motor fuel €0.25 per litre Petroleum oils falling within CN Code 2710 1991, metalworking compounds, mould release oils, anti-corrosion oils, not intended for use, offered for sale or used as heating or motor fuel €0.25 per litre Petroleum oils falling within CN Code 2710 1993, electrical insulating oils, not intended for use, offered for sale or used as heating or motor fuel €0.25 per litre Petroleum oils falling within CN Code 2710 1999, other lubricating oils and other oils, not intended for use, offered for sale or used as heating or motor fuel €0.25 per litre Petroleum oils falling within CN Code 2710 2090, other oils, not intended for use, offered for sale or used as heating or motor fuel €0.25 per litre</p>\n<h3 class=\"lf-part\">Part C Electricity falling under CN Code 2716</h3>\n<p class=\"lf-p\">€1.50 per MWh Coal and Coke falling within CN Codes 2701, 2702 and 2704 €0.30 per 1 gigajoule, gross calorific value The term 'energy products' shall cover: (a) products falling within CN Codes 1507 to 1518, if these are intended for use as heating fuel or motor fuel; (b) products falling within CN Codes 2701, 2702 and 2704 to 2715; (c) products falling within CN Codes 2901 and 2902;</p>\n<p class=\"lf-p\">EXCISE DUTY (d) products falling within CN Code 2905.11.00, which are not of synthetic origin, if these are intended for use as heating fuel or motor fuel; (e) products falling within CN Code 3403; (f) products falling within CN Code 3811; (g) products falling within CN Code 3817; (h) products falling within CN Code 3824.90.96 if these are intended for use as heating or motor fuel; (i) electricity falling within CN Code 2716; (j) products falling within CN Code 3826.</p>\n<p class=\"lf-p\">Energy products other than those for which a level of duty is specified above shall be subject to excise duty if intended for use, offered for sale or used as heating or motor fuel. The rate of duty to be charged shall be fixed at the rate for the equivalent motor fuel.</p>\n<p class=\"lf-p\">In addition to the taxable products listed above, any product intended for use, offered for sale or used as heating or motor fuel, or as additive or extender in motor fuels, shall be taxed as motor fuel.</p>\n<p class=\"lf-p\">In addition to the taxable products listed above, any other hydrocarbon, except for peat, intended for use, offered for sale or used for heating purposes, shall be taxed at the rate for the equivalent energy product.</p>\n<h3 class=\"lf-part\">Part D REDUCED EXCISE DUTY RATES</h3>\n<p class=\"lf-p\">Petroleum products falling under CN Codes 2710 1921 to 2710 1968, and 2710 2011 to 2710 2039 used for the purposes other than motor fuels or as heating fuels may pay a reduced excise duty rate of €0.25 per litre 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.</p>\n<h3 class=\"lf-part\">Part E EXEMPTIONS</h3>\n<p class=\"lf-p\">All products in this schedule are exempt from duty 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.</p>\n<p class=\"lf-p\">FIFTH SCHEDULE MOBILE TELEPHONY SERVICES Description of excisable goods Added by:</p>\n<p class=\"lf-p\">II. 2005.40.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">XIII. 2015.139.</p>\n<p class=\"lf-p\">Rate of Excise Duty EXCISE DUTY Mobile Telephony Services (Leasing of lines and Top-Up Vouchers) SCHEDULE FIVE A ALL CEMENTS Description of excisable goods All cements classified in commodity heading 2523 of the Customs Nomenclature, including clinkers and white Portland cement SCHEDULE FIVE B PNEUMATIC TYRES 4% Added by:</p>\n<p class=\"lf-p\">IV. 2011.71.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">V. 2012.54;</p>\n<p class=\"lf-p\">III. 2013.67;</p>\n<p class=\"lf-p\">XII. 2014.74;</p>\n<p class=\"lf-p\">XIII. 2015.140;</p>\n<p class=\"lf-p\">XV. 2016.38;</p>\n<p class=\"lf-p\">XVI. 2017.71.</p>\n<p class=\"lf-p\">Rate of Excise Duty €40.00 per 1000 Kgs Added by:</p>\n<p class=\"lf-p\">XIII. 2015.141.</p>\n<p class=\"lf-p\">Description of excisable goods Rate of excise duty New Pneumatic Tyres of rubber, used on motor cars, cl a s s i f i ed u n d er H. S. C o d e 4 0 11 1 0 o f t h e C u s t o ms Nomenclature €0.70 per kg up to a maximum of €24.50 for each item New Pneumatic Tyres of rubber, used on buses or lorries, cl a s s i f i ed u n d er H. S. C o d e 4 0 11 2 0 o f t h e C u s to m s Nomenclature €0.70 per kg up to a maximum of €24.50 for each item New Pneumatic Tyres of rubber, used on aircraft, classified under H.S. Code 4011 30 of the Customs Nomenclature €0.70 per kg up to a maximum of €24.50 for each item New Pneumatic Tyres of rubber, used on motorcycles, cl a s s i f i ed u n d er H. S. C o d e 4 0 11 4 0 o f t h e C u s to m s Nomenclature €0.70 per kg up to a maximum of €24.50 for each item N ew Pneuma ti c T y res o f ru b b er, u s ed o n b i c ycl e s , cl a s s i f i ed u n d er H. S. C o d e 4 0 11 5 0 o f t h e C u s to m s Nomenclature €0.00 per kg New Pneumatic Tyres of rubber, with herring-bone or similar tread, for agricultural or forestry vehicles and machines, classified under H.S. Code 4011 61 of the Customs Nomenclature €0.70 per kg up to a maximum of €24.50 for each item EXCISE DUTY New Pneumatic Tyres of rubber, with herring- bone, for construction or industrial handling vehicles and machines, rim size &lt;=61cm, classified under H.S. Code 4011 62 of the Customs Nomenclature €0.70 per kg up to a maximum of €24.50 for each item New Pneumatic Tyres of rubber, with herring-bone, for construction or industrial handling vehicles and machines, rim size &gt;=61cm, classified under H.S. Code 4011 63 of the Customs Nomenclature €0.70 per kg up to a maximum of €24.50 for each item Other New Pneumatic Tyres of rubber, with herring-bone or similar tread, classified under H.S. Code 4011 69 of the Customs Nomenclature €0.70 per kg up to a maximum of €24.50 for each item Other New Pneumatic Tyres of rubber, for agricultural or forestry vehicles and machines, classified under H.S. Code 4011 92 of the Customs Nomenclature €0.70 per kg up to a maximum of €24.50 for each item Other New Pneumatic Tyres of rubber, for construction or industrial handling vehicles and machines, rim size &lt;=61cm, c l as s if i ed u n d er H . S . Co d e 4 0 11 9 3 of t h e C u s t o ms Nomenclature €0.70 per kg up to a maximum of €24.50 for each item Other New Pneumatic Tyres of rubber, for construction or industrial handling vehicles and machines, rim size &gt;=61cm, c l as s if i ed u n d er H . S . Co d e 4 0 11 9 4 o f t h e C u s to m s Nomenclature €0.70 per kg up to a</p>\n<p class=\"lf-p\">maximum of €24.50 for each item Other New Pneumatic Tyres of rubber, classified under H.S. Code 4011 99 of the Customs Nomenclature €0.70 per kg up to a maximum of €24.50 for each item Re-treaded or Used Pneumatic Tyres of rubber; solid or cushion tyres, tyre treads and tyre flaps, of rubber classified in commodity heading 4012 of the Customs Nomenclature €0.70 per kg up to a maximum of €24.50 for each item SCHEDULE FIVE C Added by:</p>\n<p class=\"lf-p\">XIII. 2015.142.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">VII.2018.77.</p>\n<p class=\"lf-p\">WATERS Description of excisable goods Rate of Excise Duty Waters falling under CN Heading 2201 SCHEDULE FIVE D CHEWING GUM Description of excisable goods €5 per 1000 litres Added by:</p>\n<p class=\"lf-p\">XV. 2016.39.</p>\n<p class=\"lf-p\">Rate of Excise Duty EXCISE DUTY Chewing gum, whether sugar coated or not, falling under CN Codes 1704 10 10, 1704 10 90, and chewing gum falling under CN Code 2106 90 92.</p>\n<p class=\"lf-p\">SCHEDULE FIVE E NON-ALCOHOLIC BEVERAGES €9.00 per Kg Added by:</p>\n<p class=\"lf-p\">XV. 2016.40;</p>\n<p class=\"lf-p\">XVI. 2017.73.</p>\n<p class=\"lf-p\">Emended by:</p>\n<p class=\"lf-p\">XVI. 2017.72;</p>\n<p class=\"lf-p\">VII.2018.78.</p>\n<p class=\"lf-p\">Description of excisable goods Rate of Excise Duty Non-alcoholic beverages, falling under CN Heading 2202, excluding products falling under CN Codes 2202 90 91, 2202 90 95 and 2202 90 99. €40 per 1000 litres SCHEDULE FIVE F PLASTIC SACKS AND BAGS Description of excisable goods Added by:</p>\n<p class=\"lf-p\">XV. 2016.41.</p>\n<p class=\"lf-p\">Emended by:</p>\n<p class=\"lf-p\">XVI. 2017.73.</p>\n<p class=\"lf-p\">Rate of Excise Duty</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">•</span>Bags of plastic of HS Codes 3923 21 and 3923 29, for the €1,700 per 100 kgs conveyance of goods, with a handle, loop, slot or any other feature but not less than that facilitates the use of the bag for the conveyance of goods; €1,500 per 10,000 units</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">•</span>Bags of plastic of HS Codes 3923 21 and 3923 29, whether for the €15 per 100 kgs up conveyance of goods or not, with or without a handle, loop, slot or to a maximum of any other feature that facilitates the use of the bag for the conveyance €45 per 10,000 units of goods, having a dimension of 28cm x 38cm or less and having a thickness of 15 microns or less, inclusive of gussets and handle;</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">•</span>All other plastic sacks and bags (including cones) of HS Codes €250 per 100 kgs 3923 21 and 3923 29 and films, sheets or tubes of plastic of HS up to a maximum of Headings 3917 and 3920 intended for the conversion into plastic €170 per 10,000 units sacks and bags; but excluding bags of plastic of HS Codes 3923 21 and 3923 29 and films, sheets or tubes of plastic of HS Headings 3917 and 3920 which constitute or form an integral part of the packaging in which food stuff is sealed prior to retail or transfer; excluding bio-degradable sacks and bags in accordance with MSA EN 13432:2000, MSA EN 14046:2003, MSA EN 14047:2003 and MSA EN 14048:2003; excluding printed sacks and bags of plastic of HS Codes 3923 21 and 3923 29 purchased specifically for the collection of recycled waste by the authorised waste management schemes; and EXCISE DUTY - excluding sacks and bags of plastic of HS Codes 3923 21 and 3923 29 purchased specifically for the collection of non-recyclable waste.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">•</span>Bags of plastic of HS Codes 3923 21 and 3923 29 and films, sheets or tubes of plastic of HS Headings 3917 and 3920 which constitute or form an integral part of the packaging in which food stuff is sealed prior to retail or transfer. €0</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">•</span>Bio-degradable sacks and bags in accordance with MSA EN 13432:2000, MSA EN 14046:2003, MSA EN 14047:2003 and MSA EN 14048:2003. €0</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">•</span>Printed sacks and bags of plastic of HS Codes 3923 21 and 3923 29 purchased specifically for the collection of recycled waste by the authorised waste management schemes. €0</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">•</span>Sacks and bags of plastic of HS Codes 3923 21 and 3923 29 €425 per 100 kgs purchased specifically for the collection of non-recyclable waste. up to a maximum of €290 per 10,000 units SCHEDULE FIVE G TOILETRIES AND WASHING PREPARATIONS Description of excisable goods Perfumes and toilet waters falling under CN Heading 3303 Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or suntan preparations; manicure or pedicure preparations falling under CN Heading 3304 excluding wipes used for the preparations of the care of the skin falling under HS Code 3304 9900 00 Wipes used for the preparations of the care of the skin falling under HS Code 3304 9900 00 Preparations for use on the hair falling under CN Heading 3305, but excluding items falling under HS Code 3305 10 00 Shampoos falling under HS Code 3305 10 00 Pre-shave, shaving or aftershave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorisers, whether or not perfumed or having disinfectant properties falling under CN Heading 3307, excluding items falling under HS Code 3307 10 00 and HS Code 3307 41 00 Added by:</div>\n<p class=\"lf-p\">XVI. 2017.74.</p>\n<p class=\"lf-p\">Rate of Excise Duty €220 per 100 litres €50 per 100 litres/ kgs €3 per 100 litres/kgs €50 per 100 litres/ kgs €3 per 100 litres €3 per 100 litres/ kgs EXCISE DUTY Pre-shave, shaving or aftershave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorisers, whether or not perfumed or having disinfectant properties falling under HS Code 3307 10 00 and HS Code 3307 41 Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, moulded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap; paper, wadding, felt and non-wovens, impregnated, coated or covered with soap or detergent falling under CN Heading 3401 SCHEDULE FIVE H CONSTRUCTION COMPONENTS AND OTHER FIXTURES Description of excisable goods Prefabricated structural concrete components for building or civil engineering falling under HS Code 6810 91 00, excluding prefabricated structural concrete components for building or civil engineering falling under HS Code 6810 91 00 manufactured from cement already taxed under Schedule Five A of this Act and bars and rods of iron, or non-alloy steel, already taxed under Schedule Five H of this Act Unglazed ceramic flags and paving, hearth or wall tiles; unglazed ceramic mozaic cubes and the like, whether or not on a backing falling under CN Heading 6907 and glazed ceramic flags and paving, hearth or wall tiles; glazed ceramic mozaic cubes and the like, whether or not on a backing falling under CN Heading 6908 Glass falling under CN Heading 7005 and HS Codes 7006 00 10, 7006 00 90, 7007 19 10, 7007 1920, 7007 19 80, 7007 29 00, 7008 0020, 7008 0081 and 7008 0089.</p>\n<p class=\"lf-p\">Bars and rods, hot rolled, in regularly wound coils, of iron or nonalloy steel falling under CN Heading 7213, excluding items falling under HS Codes 7213 10 00, 7213 91 10 and 7213 91 49, and other bars and rods, of iron or non-alloy steel, not further worked than forged, hot rolled, hot drawn or hot extruded, but including those twisted after rolling falling under CN Heading 7214, excluding HS Code 7214 20 00.</p>\n<p class=\"lf-p\">Bars and rods, hot-rolled, in irregularly wound coils of iron or non-alloy steel, with indentations, ribs, grooves or other deformations produced during the rolling process falling under HS Code 7213 10 00 €50 per 100 litres/ kgs €3 per 100 litres/ kgs Added by:</p>\n<p class=\"lf-p\">XVI. 2017.75;</p>\n<p class=\"lf-p\">VII.2018.79.</p>\n<p class=\"lf-p\">Rate of Excise Duty €25.60 per 1000 kgs €7.50 per 1000 kgs €16 per 1000 kgs €30 per 1000 kgs €15 per 1000 kgs EXCISE DUTY Bars and rods, hot-rolled, in irregularly wound coils of iron or non-alloy steel, falling under HS Codes 7213 91 10 and 7213 91 49 and other bars and rods of iron or non-alloy steel, not further worked than forged, hot rolled, hot-drawn or hot-extruded, but including those twisted after rolling, falling under HS Code 7214 20 00 Angles, shapes and sections of iron or non-alloy steel falling under CN Heading 7216 Grill, netting and fencing, welded at the intersection, of wire with a maximum cross-sectional dimension of 3mm or more and having a mesh size of 100cm² or more falling under HS Codes 7314 20 10, 7314 20 90 and 7314 39 00 Added by:</p>\n<p class=\"lf-p\">IX.2025.59. €15 per 1000 kgs €50 per 1000 kgs €30 per 1000 kgs Schedule Five I Electronic cigarettes and refill containers Description of excisable goods Cartridges and refills, filled, for electronic cigarettes, preparations for use in cartridges and refills for electronic cigarettes containing nicotine classified under HS Codes 2404120010 and 2404120090 Cartridges and refills, filled, for electronic cigarettes, preparations for use in cartridges and refills for electronic cigarettes not containing nicotine classified under HS Code 2404199000 Rate of Excise Duty €0.13 per mL €0.13 per mL EXCISE DUTY Added by:</p>\n<p class=\"lf-p\">L.N. 195 of 2025.</p>\n<p class=\"lf-p\">Schedule Five J Smokeless tobacco product €140 per Kg Products intended for inhalation without combustion containing tobacco or reconstituted tobacco classified under HS Codes 2404110010 and 2404110090. €140 per Kg\".</p>\n<p class=\"lf-p\">Products intended for inhalation without combustion containing tobacco substitutes classified under HS heading 2404191000.</p>\n<p class=\"lf-p\">Added by:</p>\n<p class=\"lf-p\">L.N. 38 of 2026.</p>\n<p class=\"lf-p\">Schedule Five K Nicotine Pouches €8 per Kg Nicotine containing products intended for the intake of nicotine into the human body, by oral application, excluding for inhalation, and products intended to assist tobacco use cessation, classified under HS Code 2404.91.9000.</p>\n<p class=\"lf-p\">EXCISE DUTY SIXTH SCHEDULE Amended by:</p>\n<p class=\"lf-p\">XXV. 1997.6;</p>\n<p class=\"lf-p\">XIV. 1998.5, 7;</p>\n<p class=\"lf-p\">L.N. 227 of 1999;</p>\n<p class=\"lf-p\">IX. 2001.11.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">L.N. 243 of 2002.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">IX. 2003.80;</p>\n<p class=\"lf-p\">L.N. 11 of 2004;</p>\n<p class=\"lf-p\">L.N. 450 of 2004;</p>\n<p class=\"lf-p\">L.N. 481 of 2004;</p>\n<p class=\"lf-p\">II. 2005.39, 41;</p>\n<p class=\"lf-p\">L.N. 416 of 2005;</p>\n<p class=\"lf-p\">L.N. 118 of 2006;</p>\n<p class=\"lf-p\">L.N. 425 of 2007;</p>\n<p class=\"lf-p\">L.N. 96 of 2010;</p>\n<p class=\"lf-p\">L.N. 284 of 2010;</p>\n<p class=\"lf-p\">XXII. 2011.5;</p>\n<p class=\"lf-p\">L.N. 207 of 2012;</p>\n<p class=\"lf-p\">L.N. 437 of 2013;</p>\n<p class=\"lf-p\">XIII. 2015.143, 144;</p>\n<p class=\"lf-p\">XVI. 2017.76;</p>\n<p class=\"lf-p\">L.N. 270 of 2017;</p>\n<p class=\"lf-p\">VII.2018.80;</p>\n<p class=\"lf-p\">VII.2019.59;</p>\n<p class=\"lf-p\">VIII.2020.66;</p>\n<p class=\"lf-p\">XVIII.2021.55;</p>\n<p class=\"lf-p\">VII.2022.66;</p>\n<p class=\"lf-p\">L.N. 50 of 2023;</p>\n<p class=\"lf-p\">XII.2023.56;</p>\n<p class=\"lf-p\">IX.2025.60;</p>\n<p class=\"lf-p\">III.2026.52. (Article 13(4))</p>\n<h3 class=\"lf-part\">PART A</h3>\n<p class=\"lf-p\">Excisable Goods Regulations Title.</p>\n<p class=\"lf-p\">1.</p>\n<p class=\"lf-p\">The title of these regulations is Excisable Goods Regulations.</p>\n<p class=\"lf-p\">Scope.</p>\n<p class=\"lf-p\">2.</p>\n<p class=\"lf-p\">These Regulations apply to the excisable goods to which the Excise Duty Act applies.</p>\n<p class=\"lf-p\">Definitions.</p>\n<p class=\"lf-p\">3.</p>\n<p class=\"lf-p\">In these regulations unless the context otherwise requires, \"the Act\" means the Excise Duty Act and all other terms shall have the meaning assigned to them by the Act.</p>\n<p class=\"lf-p\">Registration.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">4.</span>(1) An application to register a authorised tax warehouse in terms of article 9(3)(b) of the Act shall be made in writing to the Commissioner and shall include the following particulars: (a) the name and address of the applicant; (b) the status (sole proprietor, partnership, limited liability company or other status) of the applicant’s business; (c) the address of the premises to be registered; (d) an architect’s plan of the premises indicating its boundaries and exact location; (e) the nature and description of excisable goods that are intended to be produced; (f) the date on which the applicant intends to begin production of excisable goods; (g) an estimate of the maximum yearly productive capacity of the intended authorised tax warehouse.</div>\n<p class=\"lf-p\">EXCISE DUTY</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>(i) The Commissioner shall maintain an electronic database which shall contain a register of persons who are authorised tax wa reh ouse ke epers o r traders registered for excise purposes as well as a register of those premises authorised as authorised tax warehouses.</div>\n<p class=\"lf-p\">Commissioner to keep electronic register of authorised tax warehouse keepers as well as authorised tax warehouses. (ii) This register shall contain the following information: (a) the identification number issued by the competent authorities in respect of the person or premises; (b) the name and address of the person or premises; (c) the category of goods which may be held or received by the person or on the premises; (d) the address of the competent authorities which may be contacted for further information; (e) the date of issue and, where appropriate, the date of cessation of validity of the identification number. (iii) All data shall be used solely to identify the authorisation or registration or otherwise of a person and premises. (iv) The Commissioner shall ensure that persons involved in the movement of products subject to excise duty are allowed to obtain confirmation of the information held under the terms of this regulation. (v) Any information communicated in whatever form pursuant to this regulation shall be of a confidential nature. It shall be covered by the obligation of professional secrecy and shall enjoy the protection extended to similar information under the relevant laws of Malta.</p>\n<p class=\"lf-p\">5.</p>\n<p class=\"lf-p\">The Commissioner may refuse to accept an application for registering a authorised tax warehouse in the name of a person who h a s b e e n c o n v i c t e d o f a n y o ff e n c e u n d e r t h e A c t , a n d a n y registration of a authorised tax warehouse shall cease to be in force upon the conviction of the person in whose name the authorised tax warehouse is registered.</p>\n<p class=\"lf-p\">Commissioner may refuse applications.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">6.</span>(1) The Commissioner shall issue in the name of the applicant a certificate of registration in respect of each separate a u th o r is e d t a x wa r e h ou s e d u ly r e g is te r e d p u r s u a n t t o su c h application.</div>\n<p class=\"lf-p\">Certificate of registration.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The issue of such certificate shall be without prejudice to any obligation on the part of the applicant to obtain any licences or permits as required by any other law and where the Commissioner deems it fit, such certificate may not be issued before the applicant has obtained the relevant licences or permits.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The certificate of registration shall remain the property of the Commissioner.</div>\n<p class=\"lf-p\">EXCISE DUTY</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Every certificate of registration issued shall be kept at all times on the premises to which it relates and shall be produced for inspection to the Customs official on demand.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Any altered circumstances affecting the particulars mentioned in regulation 4 on the part of the authorised tax warehouse keeper or the person in whose name the authorised tax warehouse is registered, shall be notified immediately to the Commissioner and the latter may amend the certificate of registration or replace it by a fresh one. Failure on the part of the authorised tax warehouse keeper to notify the Commissioner of any material change or changes affecting the said particulars shall invalidate the certificate of registration.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>The Commissioner may, for reasonable cause, vary the particulars required on the certificate of registration provided that fourteen days’ notice in writing are given to the authorised tax warehouse keeper informing him of such variations.</div>\n<p class=\"lf-p\">Notification to Commissioner.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">7.</span>(1) An authorised tax warehouse keeper shall notify the Commissioner of the cessation of production or the intention to cease production at any authorised tax warehouse registered in his name.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Where the Commissioner is satisfied that an authorised tax warehouse keeper has ceased to produce excisable goods at any authorised tax warehouse, he may revoke the registration of the relevant authorised tax warehouse at any time.</div>\n<p class=\"lf-p\">When excisable goods are produced.</p>\n<p class=\"lf-p\">8.</p>\n<p class=\"lf-p\">For the purpose of article 2 of the Act, and without prejudice to the provisions of article 9(4) of the Act and article 11 of the Spirits Ordinance and any other specific provisions for particular goods mentioned elsewhere in these or other regulations, a authorised tax warehouse shall be deemed as producing excisable goods where any of the following processes are performed: (i) obtaining excisable goods from any substance or natural source by any method; (ii) obtaining one description of excisable goods from other goods by extraction, fractioning, distillation, fermentation, mixing, diluting, blending, assembling, addition or any other process; or (iii) packaging of excisable goods produced or imported in bulk into any package:</p>\n<p class=\"lf-p\">Provided that where any of these processes is performed in a government bonded warehouse, registration shall not be required.</p>\n<p class=\"lf-p\">Payment of duty and security.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">9.</span>(1) The person, firm, partnership or company in whose name the authorised tax warehouse is registered shall be responsible for the payment of excise duty as specified in article 3 of the Act, at the time payment of duty becomes due. Such payment shall be effected at Customs House or at any other place appointed by notice in the Gazette, on an entry containing such particulars as the Commissioner may direct or as may otherwise be prescribed under the Act.</div>\n<p class=\"lf-p\">EXCISE DUTY</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>It shall be lawful for the Commissioner, in order to safeguard revenue, to require a security from the authorised tax warehouse keeper in the form of a sum of money deposited at the Customs Department, or in some other form acceptable to the Commissioner, for an amount not exceeding the duty estimated beforehand to become due during the periods between the times at which payments are effected.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">10.</span>Excise duty due on goods released from customs stations or bonded warehouse controlled by Customs, shall be paid before such goods are released. In other cases, the excise duty shall be paid before such goods are released or periodically as may be allowed by the Commissioner on the goods released during a specific period as directed by him. Failing such directive duty shall be paid not later than five days following the last Sunday of each calendar month in settlement of all duty due on goods released for consumption up to that Sunday.</div>\n<p class=\"lf-p\">How payment of duty is to be effected.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">11.</span>The duty shall be assessed on the quantity as units, net kilos, litres or litres @ 15°C. as appropriate and where applicable, on the alcoholic strength or specific gravity, as specified in the schedules to the Act, relevant to the particular goods.</div>\n<p class=\"lf-p\">Assessment of duty.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">12.</span>(1) Save as is otherwise provided by any law excisable goods produced in Malta may be kept by the authorised tax warehouse keeper under duty suspension within the precincts of a registered authorised tax warehouse.</div>\n<p class=\"lf-p\">Keeping and moving of excisable goods.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Such goods may be moved under duty suspension from a registered authorised tax warehouse to another authorised tax warehouse or from such authorised tax warehouse to a place of loading for export as merchandise or as ship’s stores or for delivery to persons exempted as provided for in article 14 of the Act, or from an authorized tax warehouse to another authorized tax warehouse.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>All such removal of excisable goods without payment of duty shall, unless the Commissioner may otherwise allow, be subject to the following conditions: (a) the goods are transported in containers or packages which are secured by a form of seal approved by the Commissioner or under customs escort, in either case as directed by the Commissioner; and (b) the goods are accompanied by the Internal Administrative Accompanying Document (IAAD) as specified in the Annex to these regulations signed by the consignor and approved by the Commissioner, which shall specify the place from which they are despatched and the place to which they are consigned and the quantity and description of the goods; and (c) the Internal Administrative Accompanying Document (IAAD) as specified in the Annex to these regulations shall be signed by the consignee acknowledging receipt or in the case of shipment, by the Customs official acknowledging receipt on board; and (d) excise duty due on the goods should be safeguarded in EXCISE DUTY such manner as the Commissioner may establish.</div>\n<p class=\"lf-p\">Colouring and marking.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">XVI. 2017.76;</p>\n<p class=\"lf-p\">VIII.2020.66;</p>\n<p class=\"lf-p\">XVIII.2021.55;</p>\n<p class=\"lf-p\">VII.2022.66;</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">13.</span>(1) The Commissioner may require any excisable goods to be coloured or marked by means of bands, or tags or other devices as may be directed by the Commissioner or as may be prescribed under the Act.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>No excisable goods shall be released for consumption unless they bear such marking or colouring.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>When an alcohol excise stamp is lost, stolen or for any other reason is unaccounted for, the Commissioner may issue a replacement excise stamp subject to the payment of a fee equivalent to the prevailing highest excise duty at the time on a litre of forty percent (40%) alcohol by volume bottle.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>When a wine excise stamp is lost, stolen or for any other reason is unaccounted for, the Commissioner may issue a replacement excise stamp subject to the payment of a fee equivalent to the prevailing highest excise duty at the time on a litre bottle of wine.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>When a cigarette excise stamp is lost, stolen or for any other reason unaccounted for, the Commissioner may issue a replacement stamp subject to the payment of a fee equivalent to the prevailing highest excise duty on a packet of 20 cigarettes.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>(a) Any registered consignor, registered consignee, registered merchant, certified consignor or certified consignee shall purchase the excise stamp within five (5) working days from when the excisable goods, on which the excise stamps are required to be affixed, enter Malta, except in the case of an excise stamp to be affixed by an authorised tax warehouse keeper. (b) The excise stamp shall be affixed to the excisable goods by not later than five (5) working days from date when the excise stamp is purchased, except where the excise stamp is to be affixed by an authorised tax warehouse keeper.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>(a) Any registered consignor, registered consignee, registered merchant, certified consignor or certified consignee who fails to purchase the excise stamp within five (5) working days from the date of entry to Malta of the excisable goods on which the stamp shall be affixed, except where the excise stamp shall be affixed by an authorised warehouse keeper, shall on conviction be liable to a fine (multa) of one hundred and fifty euro (€150) and the court shall also order the forfeiture of the said excisable goods according to law, as applicable. (b) Any registered consignor, registered consignee, registered merchant, certified consignor or certified consignee who fails to affix the excise stamp within five (5) working days from when it is purchased, except for an authorised tax warehouse keeper, shall be liable on conviction to a fine (multa) of two hundred euro (€200), and the court shall also order the forfeiture of the excise stamps which were not affixed within the time provided according to law, as applicable. In addition to this, the forfeiture of the excisable goods themselves shall also take place according to law, as applicable.</div>\n<p class=\"lf-p\">EXCISE DUTY (c) In the case of an irregularity mentioned in paragraph (a), the Commissioner may, if the offender admits, refrain from instituting proceedings in terms of this Act and impose a penalty equivalent to one-hundred euro (€100). In addition to this, the forfeiture of the excisable goods themselves shall be carried out according to law, as applicable. (d) In the case of an irregularity mentioned in paragraph (b), the Commissioner while forfeiting the excise stamps not affixed within the given time in accordance to law, as applicable, may, if the offender admits, refrain from instituting proceedings in terms of this Act and impose a penalty equivalent to one-hundred and fifty euro (€150). In addition to this, the forfeiture of the excisable goods themselves shall be carried out according to law, as applicable.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>(a) Every authorised tax warehouse keeper who takes out from the authorised tax warehouse excisable goods on which the excise stamp has not been affixed according to law, shall be liable on conviction to a fine (multa) of three hundred euro (€300) and the Court shall also order the forfeiture of the excise stamps that had to be affixed to those goods. In addition to this, the forfeiture of the excisable goods themselves shall also take place according to law, as applicable. (b) In the case of an irregularity mentioned in paragraph (a), the Commissioner, while forfeiting the excise stamps that had to be affixed to the excisable goods may, if the offender admits, refrain from instituting proceedings in terms of this Act and impose a penalty equivalent to two hundred and fifty euro (€250). In addition to this, the forfeiture of the excisable goods themselves shall be carried out according to law, as applicable.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>(a) Any person, other than an authorised person, who has in his possession excise stamps shall be liable on conviction to a fine (multa) of three hundred euro (€300) and the Court shall also order the forfeiture of those excise stamps which had to be affixed to those goods. In addition, the forfeiture of the excisable goods themselves shall also be carried out according to law, as applicable. (b) In the case of an irregularity mentioned in paragraph (a), the Commissioner, while forfeiting the excise stamps that remained unaffixed may, if the offender admits, refrain from instituting proceedings in terms of this Act and impose a penalty equivalent to two-hundred and fifty euro (€250). In addition to this, the forfeiture of the excisable goods themselves shall also take place according to law, as applicable.</div>\n<p class=\"lf-p\">13A. The Commissioner shall release the excisable goods if he is satisfied that the amount of excise duty and import duty and any other tax due in relation to excisable goods as provided in this Schedule was paid according to law prior to the initial inspection:</p>\n<p class=\"lf-p\">Provided that the provision of this regulation shall apply, mutatis mutandis, to all parts of this Schedule.</p>\n<p class=\"lf-p\">Release of excisable goods by the Commissioner when payment is effected.</p>\n<p class=\"lf-p\">Added by:</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<p class=\"lf-p\">Release of excisable goods in terms of this Schedule.</p>\n<p class=\"lf-p\">Added by:</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<p class=\"lf-p\">When colouring and marking is to be made.</p>\n<p class=\"lf-p\">Keeping of records and accounts.</p>\n<p class=\"lf-p\">Statements and payments.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<p class=\"lf-p\">EXCISE DUTY 13B. Any quantity of excisable goods, released as provided in this Schedule, shall comply with the provisions of the Act and its regulations, as applicable:</p>\n<p class=\"lf-p\">Provided that the provision of this regulation shall apply, mutatis mutandis, to all parts of this Schedule.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">14.</span>The colouring or marking of excisable goods where such goods had not been imported already so coloured or marked, shall be carried out under customs supervision or as the Commissioner may direct, and the expense for the attendance of Customs officials to supervise such operation shall be borne by the authorised tax warehouse keeper at the rates prevailing according to such r e g u l a t i o n s a s m a y b e m a d e u n d e r t h e A c t o r t h e C u st o m s Ordinance.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">15.</span>The authorised tax warehouse keeper of excisable goods shall keep records and accounts as specified in these regulations or as otherwise prescribed and shall be bound to preserve such records for six years or such shorter period as the Commissioner may allow.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">16.</span>(1) The authorised tax warehouse keeper shall provide the Commissioner with a statement on an accounting period of one (1) calendar month and such statement shall be provided to the Commissioner within fifteen (15) days from the expiry of each accounting period being reported upon.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>In cases where any person fails to submit the statements within the prescribed period of fifteen (15) days, the Commissioner shall impose an administrative penalty of one hundred euro (€100) per month (1) or part thereof until such statement is submitted, which in any case shall not be later than three (3) months following the lapse of the said prescribed period of fifteen (15) days.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Any person who fails to observe this regulation shall be guilty of an offence and shall be liable on conviction to a fine (multa) of not more than twenty five thousand euro (€25,000).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>In the case of any breach mentioned in sub-regulation (3), the Commissioner may, if the offender admits, refrain from instituting proceedings in accordance with this Act and impose an administrative penalty of two thousand euro (€2,000). In addition to this, the submission of the said statements shall also be required to be made according to law, as applicable.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>(a) The payment of the relative duty indicated in the statements submitted to the Commissioner as prescribed shall be effected by not later than fifteen (15) days from the submission of the statement. (b) In cases where any person fails to pay the duty within the prescribed term of fifteen (15) days from the submission of the statement, the Commissioner shall impose an administrative penalty of one hundred euro (€100) per month (1) or part thereof until the payment is effected, which in any case shall be not later than three (3) months from the day following the submission of the statement. (c) Any person who fails to observe the provisions of this regulation shall be guilty of an offence liable upon conviction to the punishment established in the provisions of regulation 16, as applicable. (d) In the case of any breach mentioned in paragraph (c), the Commissioner may, if the offender admits, refrain from instituting proceedings in terms of this Act and impose the penalty established in regulation 16. In addition to this, the said payments shall also be required to be made according to law, as applicable.</div>\n<p class=\"lf-p\">EXCISE DUTY 17.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>(a) Excisable goods, in relation to any accounting period which were registered as produced or introduced in an authorised tax warehouse and which are not satisfactorily shown to have been sold or legitimately removed from the authorised tax warehouse and on which no duty had been paid shall be deemed as goods which are unaccounted for and the Commissioner shall, without prejudice to any other action which may be taken against the authorised tax warehouse keeper in terms of this Act or any other law, allow the payment of the duty due on the discrepancy. (b) Excisable goods, relative to an accounting period, that are found in an authorised tax warehouse without being registered as products produced or brought into the authorised tax warehouse shall be deemed as extra goods and therefore they are subject to seizure, without prejudice to any other action that may be taken against the authorised tax warehouse keeper under this Act or any other law:</div>\n<p class=\"lf-p\">Provided that if the extra goods which are found in the authorised tax warehouse are cigarettes, the cost of their destruction shall be deducted from the guarantee tied with the authorised tax warehouse or if this is not sufficient, the authorised tax warehouse keeper shall pay for the expenses of destruction of the cigarettes.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Authorised tax warehouse keepers are exempt from duty in respect of losses occurring under suspension arrangements, which are attributable to fortuitous events or force majeure established by the Commissioner, but they are not exempt from duty on losses occurring under suspension arrangements which are attributable to theft. They are also exempt, under suspension arrangements, from duty in respect of losses inherent in the nature of the products during production or processing, storage and transport. The Commissioner shall lay down the conditions under which these exemptions shall be granted.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">18.</span>Every Customs official shall, in addition to the powers and duties assigned to him under the Act be empowered to exercise all the powers and duties as are by law vested in an officer of the Executive Police in any place in connection with an offence committed or suspected of having been committed:</div>\n<p class=\"lf-p\">Provided that such functions, powers and duties as are by law reserved to officers holding the rank not below that of inspector of Police shall only be exercisable by officials not below the rank of customs officer.</p>\n<p class=\"lf-p\">Goods unaccounted for.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">XVIII.2021.55;</p>\n<p class=\"lf-p\">VII.2022.66.</p>\n<p class=\"lf-p\">Empowerment to act as Police Officer.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">VII.2019.59.</p>\n<p class=\"lf-p\">ANNEX MALTA INTERNAL ADMINISTRATIVE ACCOMPANYING DOCUMENT PRODUCTS SUBJECT TO EXCISE DUTY 1. Consignor Vat Number VALID FOR MOVEMENTS WITHIN MALTA ONLY 2. Consignor’s excise No.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">3.</span>Reference No.</div>\n<p class=\"lf-p\">EXCISE DUTY 4. Consignee’s excise No.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">5.</span>Invoice No.</div>\n<p class=\"lf-p\">Copy for the consignor 6. Invoice date 7. Consignee Vat Number 8. Competent authority at dispatch 7a. Place of delivery 10. Guarantee 9. Transporter 12.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">11.</span>Other transport details 15.</div>\n<p class=\"lf-p\">13.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">14.</span>Proprietor 16. Date of Dispatch 17.</div>\n<p class=\"lf-p\">19a. Community code (CN code) 18a. Marks and numbers, No. and kind of packages, description of goods 20a. Quantity 24a. Sold in warehouse?</p>\n<p class=\"lf-p\">21a Gross weight (kg) Yes 22a. Net weight 23a. Status (kg) Malta produced?</p>\n<p class=\"lf-p\">19b. Community code (CN code) 24b. Sold in warehouse?</p>\n<p class=\"lf-p\">Yes 18b. Marks and numbers, No. and kind of packages, description of goods 20b. Quantity 21b Gross weight (kg) Yes No No 22b. Net weight 23b. Status (kg) Malta produced?</p>\n<p class=\"lf-p\">19c. Community code (CN code) 24c. Sold in warehouse?</p>\n<p class=\"lf-p\">Yes 18c. Marks and numbers, No. and kind of packages, description of goods No 20c. Quantity 21c Gross weight (kg) 22c. Net weight 23c. Status (kg) Yes No No Malta produced?</p>\n<p class=\"lf-p\">Yes No 25. Additional information (including consolidation details) A Official use only 26. Boxes 1 - 25 certified correct Signatory’s company and telephone No.</p>\n<p class=\"lf-p\">Name of Signatory Place and date Signature EXPLANATORY NOTES 1. General 1.1 The Internal Administrative Accompanying Document (IAAD) is required by the Excise Regulations.</p>\n<p class=\"lf-p\">Box 11 Other transport details: additional information, i.e. names of all subsequent transporters, means of transport registration numbers of means of transport and the number, type and identification of all commercial seals.</p>\n<p class=\"lf-p\">EXCISE DUTY 1.2 The document must be completed legibly and in a manner that makes entries indelible. Information may be pre-printed. No erasures or overwriting are permitted.</p>\n<p class=\"lf-p\">Authorisation by the Excise authorities of a change to the place of delivery is to be shown in box B.</p>\n<p class=\"lf-p\">Box 12:For commercial use.</p>\n<p class=\"lf-p\">Box 13:For commercial use.</p>\n<p class=\"lf-p\">Box 14:Proprietor: name, address and registration number 1.3 The format of the IAAD is as laid down in the Excise R egulations. Alternatively com mercial documents may be used provided that they contain the information required on the IAAD.</p>\n<p class=\"lf-p\">Box 15:For commercial use.</p>\n<p class=\"lf-p\">Box 16:Date of removal from warehouse.</p>\n<p class=\"lf-p\">Box 17:For commercial use.</p>\n<p class=\"lf-p\">1.4 Any unused space in boxes 18a to 24c is to be lined through so that nothing can be added. Three separate descriptions of merchandise may be entered which must be of the same excise category. The categories are mineral oils, tobacco products and alcohol/ alcoholic beverages.</p>\n<p class=\"lf-p\">Box 18a:Packages and description of goods; the marks and numbers of external packages, eg containers; the number of internal packages, eg cartons; the commercial description of the goods and the stock account reference under which they were last warehoused.</p>\n<p class=\"lf-p\">1.5 The accompanying document comprises three copies: copy 1, to be retained by the consignor copy 2, to be retained by the consignee, and copy 3, to be returned to the consignor to discharge the movement.</p>\n<p class=\"lf-p\">The description may be continued on a separate sheet attached to each copy. A packing list may be used for this purpose.</p>\n<p class=\"lf-p\">Alcohol and alcoholic beverages other than beer must have the alcoholic strength shown (percentage by volume at 20ºC) 1.6 Copies 2 and 3 must accompany the goods during the movement.</p>\n<p class=\"lf-p\">Box 19a:Commodity code: the CN code 1.7 In cases where the document is utilised for movement using fixed pipelines, copies 2 and 3 are to be sent to the consignee by the fastest means available to the dispatching warehousekeeper. In all cases the document is to arrive at the place of delivery within 24 hours of receipt of the goods to which it relates.</p>\n<p class=\"lf-p\">Box 20a:Quantity</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">-</span>the number of items, expressed in thousands (cigarettes, cigars and cigarillos)</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">-</span>litres at 20ºC to two decimal places (alcohol and alcoholic beverages)</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">-</span>litres at 15ºC (mineral oil) 2. Headings Box 21a:Gross weight: the gross weight of the consignment Box 1 Consignor: the full name and address.</div>\n<p class=\"lf-p\">Box 2 Consignor’s excise number: the approval number of the dispatching warehouse (SEED[VAT]number).</p>\n<p class=\"lf-p\">Box 3 Reference number: a unique reference number which identifies the consignment in the records of the consignor.</p>\n<p class=\"lf-p\">Box 22a:Net weight: the weight of the excise products without packaging is to be given in respect of alcohol and alcoholic beverages, mineral oils and for all tobacco prtoducts except cigarettes.</p>\n<p class=\"lf-p\">Box 23a:Indicate the status of the goods: ‘EU’ or ‘non EU’.</p>\n<p class=\"lf-p\">Box 4 For goods consigned to an excise warehouse, the approval number of that warehouse (SEED[VAT]number).</p>\n<p class=\"lf-p\">Box 24a:Indicate whether the goods have been sold whilst warehoused: YES/NO (delete as appropriate) Box 5 For commercial use.</p>\n<p class=\"lf-p\">Box 6 For commercial use.</p>\n<p class=\"lf-p\">Indicate whether the goods were produced in Malta: YES/NO (delete as appropriate).</p>\n<p class=\"lf-p\">Box 7 Consignee: the full name, address and registration number. For goods to be exported, the person acting for the consignor at the place of exportation or shipment must be indicated.</p>\n<p class=\"lf-p\">Box 25:Additional information:</p>\n<p class=\"lf-p\">Where the goods are to be consolidated during the movement, give details of the consolidator; name, registration number and address of premises where consolidation is to take place.</p>\n<p class=\"lf-p\">Box 7a For goods to be exported, the notation ‘EXPORT OUTSIDE THE MALTESE TERRITORY’ is to be made together with the place of export. For goods which are to be placed under a c o m m un i ty cus t om s pr o c e d ure ( o t he r t h a n release for free circulation), the notation ‘UNDER CUSTOMS PROCEDURE’ is to be made together with the place where the goods enter customs control.</p>\n<p class=\"lf-p\">If appropriate add the following certificate \"It is hereby certified that the beer described has been produced by an independent small brewery with a production in the previous year of .................. hectolitres.\"</p>\n<p class=\"lf-p\">Box 26:Signatory’s company, etc: the document is to b e c o m p l e t e d b y, o r o n b e h a l f o f , t h e consignor. The company of the signatory of the document is to be identified.</p>\n<p class=\"lf-p\">Box 8 Address of local Excise Office Box A For official use only.</p>\n<p class=\"lf-p\">Box 9 Transporter: name and address Box 10 Guarantee: indicate whether provided by the consignor, transporter or proprietor and state reference number of guarantee.</p>\n<p class=\"lf-p\">Box B If, during the movement, the destination of the goods is changed from that indicated in boxes 7 or 7a the consignor or his agent must indicate the new place of delivery in Box B.</p>\n<p class=\"lf-p\">F u rt h e rm o r e , t h e co n s i g no r i s o b l i ge d t o immediately notify the change of place of delivery to the Excise authorities.</p>\n<p class=\"lf-p\">Box C Certificate of receipt: to be given by the consignee. In cases where goods are exported or placed under a community customs procedure (other than release for free circulation) a certificate is required from the Excise authorities) EXCISE DUTY MALTA INTERNAL ADMINISTRATIVE ACCOMPANYING DOCUMENT PRODUCTS SUBJECT TO EXCISE DUTY 1. Consignor Vat Number VALID FOR MOVEMENTS WITHIN MALTA ONLY 2. Consignor’s excise No.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">3.</span>Reference No.</div>\n<p class=\"lf-p\">EXCISE DUTY 4. Consignee’s excise No.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">5.</span>Invoice No.</div>\n<p class=\"lf-p\">Copy for the consignee 6. Invoice date 7. Consignee Vat Number 8. Competent authority at dispatch 7a. Place of delivery 10. Guarantee 9. Transporter 12.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">11.</span>Other transport details 15.</div>\n<p class=\"lf-p\">13.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">14.</span>Proprietor 16. Date of Dispatch 17.</div>\n<p class=\"lf-p\">19a. Community code (CN code) 18a. Marks and numbers, No. and kind of packages, description of goods 20a. Quantity 24a. Sold in warehouse?</p>\n<p class=\"lf-p\">21a Gross weight (kg) Yes 22a. Net weight 23a. Status (kg) Malta produced?</p>\n<p class=\"lf-p\">19b. Community code (CN code) 24b. Sold in warehouse?</p>\n<p class=\"lf-p\">Yes 18b. Marks and numbers, No. and kind of packages, description of goods 20b. Quantity 21b Gross weight (kg) Yes No No 22b. Net weight 23b. Status (kg) Malta produced?</p>\n<p class=\"lf-p\">19c. Community code (CN code) 24c. Sold in warehouse?</p>\n<p class=\"lf-p\">Yes 18c. Marks and numbers, No. and kind of packages, description of goods No 20c. Quantity 21c Gross weight (kg) 22c. Net weight 23c. Status (kg) Yes No No Malta produced?</p>\n<p class=\"lf-p\">Yes No 25. Additional information (including consolidation details) A Official use only 26. Boxes 1 - 25 certified correct Signatory’s company and telephone No.</p>\n<p class=\"lf-p\">Name of Signatory Place and date Signature MALTA INTERNAL ADMINISTRATIVE ACCOMPANYING DOCUMENT PRODUCTS SUBJECT TO EXCISE DUTY B VALID FOR MOVEMENTS WITHIN MALTA ONLY AUTHORISATION FOR CHANGE OF PLACE OF DELIVERY EXCISE DUTY New name/address:</p>\n<p class=\"lf-p\">Authorised by (competent authority):</p>\n<p class=\"lf-p\">Request by: name/address of company:</p>\n<p class=\"lf-p\">Reference No.</p>\n<p class=\"lf-p\">Signature Name and signatory:</p>\n<p class=\"lf-p\">Signature Stamp Place and date:</p>\n<p class=\"lf-p\">C CERTIFICATION OF RECEPTION OR EXPORTATION  Goods received by consignee Date ......................................</p>\n<p class=\"lf-p\">Place .................................................</p>\n<p class=\"lf-p\">Reference No. .............................</p>\n<p class=\"lf-p\">Descrption of goods Excess Shortage  Goods received by consignee  Goods exported*/placed under a Community customs procedure (other than for free circulation)* Means of transport ........................................................ date .......................................  Name of signatory .................................................</p>\n<p class=\"lf-p\">Signatory’s company Place/date .....................................................................</p>\n<p class=\"lf-p\">Signature ...............................................................................  Fiscal authority or Customs office Endorsement by fiscal authority (if required) or Customs office Name Address *delete inapplicable A Record of control (continued) MALTA INTERNAL ADMINISTRATIVE ACCOMPANYING DOCUMENT PRODUCTS SUBJECT TO EXCISE DUTY VALID FOR MOVEMENTS WITHIN MALTA ONLY 1. Consignor EXCISE DUTY Vat Number 2. Consignor’s excise No.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">3.</span>Reference No.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">4.</span>Consignee’s excise No.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">5.</span>Invoice No.</div>\n<p class=\"lf-p\">Copy for return to the consignor 6. Invoice date 7. Consignee Vat Number 8. Competent authority at dispatch 7a. Place of delivery 10. Guarantee 9. Transporter 12.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">11.</span>Other transport details 15.</div>\n<p class=\"lf-p\">13.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">14.</span>Proprietor 16. Date of Dispatch 17.</div>\n<p class=\"lf-p\">19a. Community code (CN code) 18a. Marks and numbers, No. and kind of packages, description of goods 20a. Quantity 24a. Sold in warehouse?</p>\n<p class=\"lf-p\">21a Gross weight (kg) Yes Malta produced?</p>\n<p class=\"lf-p\">19b. Community code (CN code) 24b. Sold in warehouse?</p>\n<p class=\"lf-p\">Yes 18b. Marks and numbers, No. and kind of packages, description of goods 20b. Quantity 21b Gross weight (kg) Yes No Malta produced?</p>\n<p class=\"lf-p\">19c. Community code (CN code) 24c. Sold in warehouse?</p>\n<p class=\"lf-p\">20c. Quantity 21c Gross weight (kg) 22c. Net weight 23c. Status (kg) Yes Yes 26. Boxes 1 - 25 certified correct Signatory’s company and telephone No.</p>\n<p class=\"lf-p\">Name of Signatory Place and date Signature No No Malta produced?</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">25.</span>Additional information (including consolidation details) A Official use only No 22b. Net weight 23b. Status (kg) Yes 18c. Marks and numbers, No. and kind of packages, description of goods No 22a. Net weight 23a. Status (kg) No EXCISE DUTY MALTA INTERNAL ADMINISTRATIVE ACCOMPANYING DOCUMENT PRODUCTS SUBJECT TO EXCISE DUTY B VALID FOR MOVEMENTS WITHIN MALTA ONLY AUTHORISATION FOR CHANGE OF PLACE OF DELIVERY New name/address:</div>\n<p class=\"lf-p\">Authorised by (competent authority):</p>\n<p class=\"lf-p\">Request by: name/address of company:</p>\n<p class=\"lf-p\">Reference No.</p>\n<p class=\"lf-p\">Signature Name and signatory:</p>\n<p class=\"lf-p\">Signature Stamp Place and date:</p>\n<p class=\"lf-p\">C CERTIFICATION OF RECEPTION OR EXPORTATION  Goods received by consignee Date ......................................</p>\n<p class=\"lf-p\">Place .................................................</p>\n<p class=\"lf-p\">Reference No. .............................</p>\n<p class=\"lf-p\">Descrption of goods Excess Shortage  Goods received by consignee  Goods exported*/placed under a Community customs procedure (other than for free circulation)* Means of transport ........................................................ date .......................................  Name of signatory .................................................</p>\n<p class=\"lf-p\">Signatory’s company Place/date .....................................................................</p>\n<p class=\"lf-p\">Signature ...............................................................................  Fiscal authority or Customs office Name Address *delete inapplicable A Record of control (continued) Endorsement by fiscal authority (if required) or Customs office EXCISE DUTY</p>\n<h3 class=\"lf-part\">PART B</h3>\n<p class=\"lf-p\">Alcohol and Alcoholic Beverages Regulations Amended by:</p>\n<p class=\"lf-p\">XVI. 2017.77;</p>\n<p class=\"lf-p\">VII.2019.59;</p>\n<p class=\"lf-p\">VIII.2020.66;</p>\n<p class=\"lf-p\">XVIII.2021.55;</p>\n<p class=\"lf-p\">VII.2022.66;</p>\n<p class=\"lf-p\">XII.2023.56;</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<p class=\"lf-p\">1.</p>\n<p class=\"lf-p\">The title of these regulations is Alcohol and Alcoholic Beverages Regulations.</p>\n<p class=\"lf-p\">Title.</p>\n<p class=\"lf-p\">2.</p>\n<p class=\"lf-p\">These regulations shall apply to alcohol and alcoholic products excluding beer and wine specified as excisable goods by the Excise Duty Act.</p>\n<p class=\"lf-p\">Scope.</p>\n<p class=\"lf-p\">3.</p>\n<p class=\"lf-p\">In these regulations, unless the context otherwise requires, \"the Act\" means the Excise Duty Act and all other terms shall have the meaning assigned to them by the Act.</p>\n<p class=\"lf-p\">Definitions.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">4.</span>(1) Any person who is an authorised tax warehouse keeper in the goods specified in regulation 2 shall conform with the requirements of the relevant provisions of the Spirits Ordinance.</div>\n<p class=\"lf-p\">Conformity with the Spirits Ordinance.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The provisions of the Alcoholic Beverages Regulations and of any other regulation made under the Spirits Ordinance shall apply, to the extent not otherwise provided for in the Excisable Goods Regulations or these regulations, to alcoholic beverages enlisted in the First Schedule to the Act and which are also specified in the Second Schedule to the Act.</div>\n<p class=\"lf-p\">S.L.41.02 5. (1) Any person who produces the goods specified in regulation 2 shall, in addition to the obligations imposed by the Spirits Ordinance, register any authorised tax warehouse in which such goods are produced or intended to be produced in accordance with article 9 of the Act and as regulated by regulations 4 to 8 of the Excisable Goods Regulations.</p>\n<p class=\"lf-p\">Registration.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The provisions of article 9(4) of the Act applies only to the extent allowed by the Spirits Ordinance in respect to alcohol and alcoholic products.</div>\n<p class=\"lf-p\">6.</p>\n<p class=\"lf-p\">The Commissioner shall issue a certificate of registration in accordance with regulation 6 of the Excisable Goods Regulations and may withhold the issue, or revoke such certificate if the applicant fails to conform with the requirements imposed by the Spirits Ordinance.</p>\n<p class=\"lf-p\">Applicant to conform to Spirits Ordinance.</p>\n<p class=\"lf-p\">7.</p>\n<p class=\"lf-p\">Any reference in the Spirits Ordinance to duty payable on spirits shall be taken to refer also to the excise duty payable under the Act.</p>\n<p class=\"lf-p\">8.</p>\n<p class=\"lf-p\">Excise duty on alcohol and alcoholic beverages subject to duty under this Act shall be leviable and shall be assessed at the prevailing rate at such time as they are released for consumption and it shall be paid as provided in regulation 16(2) of Part A.</p>\n<p class=\"lf-p\">Tax point.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">XVI. 2017.77;</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">9.</span>(1) Imported spirits removed to a authorised tax warehouse shall be treated in the same manner and shall be subject to the same conditions as are allowed or imposed by Part VI of the Spirits Ordinance on locally distilled spirits, and the person or persons responsible for such spirits shall keep such records as are envisaged Keeping of records.</div>\n<p class=\"lf-p\">EXCISE DUTY in the said Ordinance.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>In case of default the person or persons responsible for such spirits shall become liable to the same penalties contemplated under Part VI of the said Ordinance.</div>\n<p class=\"lf-p\">Submitting of statements.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">10.</span>(1) Without prejudice to the provisions of regulation 9(1), the authorised tax warehouse keeper shall submit to the Commissioner a statement as provided in regulation 16(1) of Part A specifying the following, as applicable: (a) the quantity in litres of spirit produced during the relevant period, specifying the alcoholic strength and type of spirit; (b) the quantity in litres of alcoholic products produced during the relevant period, specifying type, alcoholic strength and whether derived from dilution, blending or other process; (c) the yield of each bottling operation for each product, specifying the number of bottles and their capacity; (d) the quantity in litres of bulk spirits kept in stock, specifying type and strength as at the end of the relevant period; (e) the quantity in litres of each packaged alcoholic product, kept in stock at the end of the relevant period, specifying the type, strength and package description; (f) the quantity in litres of products sold or otherwise removed from the authorised tax warehouse during the relevant period, specifying the nature of the transaction; (g) the quantity in litres of spirits or other alcoholic products introduced into the authorised tax warehouse, indicating the source during the relevant period, and specifying the types and strength; (h) the quantity of products removed from the authorised tax warehouse during the relevant period, specifying the types and whether released for local consumption, for export or otherwise.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Affixing of excise stamp.</div>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">VII.2019.59;</p>\n<p class=\"lf-p\">VIII.2020.66;</p>\n<p class=\"lf-p\">VII.2022.66.</p>\n<p class=\"lf-p\">Repealed by III.2026.52.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">11.</span>(1) No person may manufacture, process, prepare for sale, expose or offer for sale, sell or otherwise dispose of any ethyl alcohol or fermented beverages or intermediate products as defined in the Second Schedule with an actual alcoholic strength by volume of ten per cent (10% vol.) or more in containers of fifty (50) centilitre capacity or more unless there is affixed to them an excise stamp which shows this percentage of alcohol, as indicated by the Commissioner and as provided for in regulation 12.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>It shall be lawful for the Commissioner to exempt in writing from the provision of the preceding sub-regulation, under such conditions as he may deem fit to impose, any ethyl alcohol intended to be exported or as ship’s supply or for sale to persons EXCISE DUTY exempted by or under any law from the payment of excise duty.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>It shall be lawful for the Commissioner to exempt in writing from the provision of sub-regulation (1) any other ethyl alcohol not covered by the preceding paragraph, under such conditions as he may deem fit to impose.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">12.</span>(1) No containers immediately stocks kept in the authorised tax warehouse other than a government authorised tax warehouse, as well as on sales, issues or other deliveries of excisable goods shall be released by Customs or from a authorised tax warehouse unless a band or an excise stamp has been affixed thereon. This band or an excise stamp shall be the correct one as indicated by the Commissioner and it s h a l l b e aff ix e d i n t h e c o r r e c t m a n n e r, a s i n d i c a t e d by t h e Commissioner.</div>\n<p class=\"lf-p\">Containers with a band attached.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">XVI. 2017.77;</p>\n<p class=\"lf-p\">VII.2019.59;</p>\n<p class=\"lf-p\">VIII.2020.66;</p>\n<p class=\"lf-p\">XVIII.2021.55;</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">VII.2022.66;</p>\n<p class=\"lf-p\">XII.2023.56;</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The said excise stamps shall be of a round shape and continue in a rectangular shape in a way that the round part is affixed on the cap and the rectangular part is affixed going down onto the container, in such a way that when the container is opened, the destruction of the excise stamp is ensured:</div>\n<p class=\"lf-p\">Provided that if it is not possible to affix the band or excise stamp in this way because of the shape of the container, the band or excise stamp shall be affixed in any other way so long as the destruction of the band or excise stamp is ensured when the container is opened.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The bands or excise stamps shall be approved by the Commissioner and shall be supplied at the Custom House or at any other place to be appointed by the Minister by means of a notice in the Gazette.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Such excise stamps shall be issued by the Commissioner against payment, as may be prescribed under the Act, on application by the authorised tax warehouse keeper or trader of ethyl alcohol, fermented beverages and intermediate products.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The provisions of paragraphs (a) and (b) of regulation 13(6) of Part A of the Sixth Schedule shall apply mutatis mutandis.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>The provisions of paragraphs (a) to (d) of regulation 13(7) of</div>\n<h3 class=\"lf-part\">Part A of the Sixth Schedule shall apply mutatis mutandis.</h3>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>The provisions of paragraphs (a) and (b) of regulation 13(8) of Part A of the Sixth Schedule shall apply mutatis mutandis.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>The provisions of paragraphs (a) and (b) of regulation 13(9) of Part A of the Sixth Schedule shall apply mutatis mutandis.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">13.</span>(a) Any quantity of ethyl alcohol, fermented beverages and intermediate products found in the possession of any person in breach of the provisions of regulations 11 or 12, shall be withheld and the provisions of article 27 et seq of the Act shall apply and this without prejudice to any other penalty provided for in accordance with the Act or any other law. (b) Any excise stamp which was not affixed within the prescribed time according to law, as applicable, and which is found in the possession of any person in breach of the provisions of regulations 11 Article 27 et seq of the Act.</div>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<p class=\"lf-p\">EXCISE DUTY or 12 shall be withheld and the provisions of Article 27 et seq of the Act shall apply and this without prejudice to any other penalty provided for in accordance with the Act or any other law.</p>\n<p class=\"lf-p\">Release of ethyl alcohol, fermented beverages and intermediate products.</p>\n<p class=\"lf-p\">Added by:</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<p class=\"lf-p\">13A. The provision of regulations 13A and 13B of Part A of this Schedule shall apply mutatis mutandis.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">XVI. 2017.78;</p>\n<p class=\"lf-p\">L.N. 270 of 2017;</p>\n<p class=\"lf-p\">VII.2019.59;</p>\n<p class=\"lf-p\">VIII.2020.66;</p>\n<p class=\"lf-p\">XVIII.2021.55;</p>\n<p class=\"lf-p\">VII.2022.66.</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<h3 class=\"lf-part\">PART C</h3>\n<p class=\"lf-p\">Title.</p>\n<p class=\"lf-p\">Definitions.</p>\n<p class=\"lf-p\">Manufactured Tobacco Regulations 1.</p>\n<p class=\"lf-p\">The title of these regulations is Manufactured Tobacco Regulations.</p>\n<p class=\"lf-p\">2.</p>\n<p class=\"lf-p\">In these regulations unless the context otherwise requires: \"the Act\" means the Excise Duty Act; \"cigarettes\" has the same meaning assigned to it in the Third Schedule to this Act; \"cigars and cigarillos\" has the same meaning assigned to it in the Third Schedule to this Act; \"Customs Tariff\" refers to the First Schedule to the Import Duties Act and any Tariff substituting the same; \"other smoking tobacco\" and \"hand rolling tobacco\" have the same meaning assigned to them in the Third Schedule to this Act; \"packet\" includes any wrapper, carton, box, tin, pouch or other container immediately enclosing cigarettes.</p>\n<p class=\"lf-p\">Scope.</p>\n<p class=\"lf-p\">3.</p>\n<p class=\"lf-p\">These regulations shall apply to tobacco, tobacco substitutes and products thereof which are specified as excisable goods according to the Act.</p>\n<p class=\"lf-p\">Retail price of cigarettes.</p>\n<p class=\"lf-p\">Added by:</p>\n<p class=\"lf-p\">VII.2019.59.</p>\n<p class=\"lf-p\">3A. The retail price of cigarettes is that established by the importer or manufacturer.</p>\n<p class=\"lf-p\">Registration of authorised tax warehouse.</p>\n<p class=\"lf-p\">4.</p>\n<p class=\"lf-p\">No person shall manufacture, process or prepare for sale any cigarettes, cigars or other tobacco products otherwise than in conformity with the provisions of article 9 of the Act.</p>\n<p class=\"lf-p\">Cigarettes sealed with a band.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">5.</span>(1) No person may prepare for sale, expose or offer for sale, sell or otherwise dispose of any cigarettes other than in packets sealed with an excise stamp as provided for in regulation 6 or 10 as the case may be.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>No person may acquire, keep for sale, expose or offer for sale, or sell any cigarettes, other than in packets which conform to the provision of sub-regulation (1).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>It shall be lawful for the Commissioner to exempt in writing from the provision of the preceding paragraph, under such EXCISE DUTY conditions as he may deem fit to impose, any locally manufactured cigarettes intended to be exported or as ship’s supply or for sale to persons exempted by or under any law from the payment of excise duty.</div>\n<p class=\"lf-p\">6.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>No cigarettes shall be placed on the market unless the packet, box or container immediately enclosing the cigarettes has been sealed by an excise stamp affixed either on the side of the packet in such a manner as to ensure its destruction when such packet, box or container is opened, or else affixed at the bottom on the rear side of the packet.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>No cigars, cigarillos, pipe tobacco, tobacco used for hand rolled cigarettes shall be placed on the market unless its packet, box or container is sealed with an excise stamp in a way that in order for that packet, box or container to be opened, the destruction of the excise stamp is ensured.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Such excise stamps shall be issued by the Commissioner against payment, as may be prescribed under the Act, on application by the authorised tax warehouse keeper of cigarettes, cigars, cigarillos, pipe tobacco, tobacco used for hand rolled cigarettes or other smoking tobacco.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>A band or excise stamp shall be affixed to the packet not later than five (5) days from when it is purchased except in the case of a band or excise stamp that should be affixed by an authorised tax warehouse keeper.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>(a) A registered consignor or registered consignee who fails to affix a band or excise stamp within five (5) days from when it is purchased, except for an authorised tax warehouse keeper, shall, on conviction, be liable to a fine (multa) of one-hundred euro (€100) and the Court shall also order the forfeiture of the bands or excise stamps that have not been affixed within the given time. In addition to this, the forfeiture of the cigarettes themselves shall also take place according to law, as applicable. (b) In the case of an irregularity mentioned in paragraph (a), the Commissioner, while he forfeits the bands or excise stamps not affixed in the time given, may, if the offender admits, refrain from instituting proceedings in terms of this Act and impose a penalty equivalent to one-hundred euro (€100). In addition to this, the forfeiture of the cigarettes themselves shall also take place according to law, as applicable.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>(a) Every authorised tax warehouse keeper who takes out of the authorised tax warehouse cigarettes, cigars, cigarillos, pipe tobacco, tobacco used for hand rolled cigarettes and other smoking tobacco on which an excise stamp was not affixed according to law shall on conviction be liable to a fine (multa) of three hundred euro (€300) and the Court shall also order the forfeiture of the excise stamps that had to be affixed to those goods. In addition to this, the forfeiture of the said cigarettes, cigars, cigarillos, pipe tobacco, tobacco used for hand rolled cigarettes and other smoking tobacco themselves shall also be carried out according to law, as applicable. (b) In the case of an irregularity mentioned in paragraph (a), the Commissioner, while forfeiting the excise stamps that had to be Cigarettes to be sealed with a band.</div>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">XVI. 2017.78;</p>\n<p class=\"lf-p\">VII.2019.59;</p>\n<p class=\"lf-p\">XVIII.2021.55;</p>\n<p class=\"lf-p\">VII.2022.66;</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<p class=\"lf-p\">EXCISE DUTY affixed to the cigarettes, cigars, cigarillos, pipe tobacco, tobacco used for hand rolled cigarettes and other smoking tobacco may, if the offender admits, refrain from instituting proceedings in terms of this Act and impose a penalty equivalent to two hundred and fifty euro (€250). In addition to this, the forfeiture of the said cigarettes, cigars, cigarillos, pipe tobacco, tobacco used for hand rolled cigarettes and other smoking tobacco themselves shall also be carried out according to the law, as applicable.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>(a) Excluding persons who are authorised, every person who has in his possession exc ise stamps shall be liable on conviction to a fine (multa) of three hundred euro (€300) and the Court shall order the forfeiture of those excise stamps. In addition, the forfeiture of the cigarettes, cigars, cigarillos, pipe tobacco, tobacco used for hand rolled cigarettes and other smoking tobacco themselves shall be carried out according to law, as applicable. (b) In the case of an irregularity mentioned in paragraph (a), the Commissioner while forfeiting the excise stamps that remained unaffixed may, if the offender admits, refrain from instituting proceedings in terms of this Act and impose a penalty equivalent to two hundred and fifty euro (€250). In addition to this, the forfeiture of the cigarettes, cigars, cigarillos, pipe tobacco, tobacco used for hand rolled cigarettes and other smoking tobacco themselves shall be carried out according to law, as applicable.</div>\n<p class=\"lf-p\">Article 27 et seq of the Act.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">III.2026.52 Water-pipe tobacco.</p>\n<p class=\"lf-p\">Added by:</p>\n<p class=\"lf-p\">VIII.2020.66.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">XVIII.2021.55.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">VII.2022.66.</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">7.</span>(a) Any quantity of cigarettes, cigars, cigarillos, pipe tobacco, tobacco used for hand rolled cigarettes and other smoking tobacco found in the possession of any person in breach of the provisions of regulations 5 or 6, shall be withheld and the provisions of article 27 et seq of the Act shall apply and this without prejudice to any other penalty provided for under the Act or any other law. (b) Any excise stamp which was not affixed within the prescribed term according to law as applicable and which are in possession of any person in breach of the provisions of regulations 5 or 6, shall be withheld and the provisions of article 27 et seq of the Act shall apply and this without prejudice to any other penalty provided for under the Act or any other law.</div>\n<p class=\"lf-p\">7A. (1) No water-pipe tobacco (also known as shisha tobacco) shall be imported for the purpose of sale, stored for the purpose of sale, prepared for sale, offered for sale or offered for free unless it is imported, stored, prepared for sale, offered for sale or offered for free by a registered consignor, registered consignee or authorised tax warehouse keeper:</p>\n<p class=\"lf-p\">Provided that a person who shows that he purchased waterpipe tobacco from a registered consignor, registered consignee or authorised tax warehouse keeper shall be deemed not to have violated this obligation.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>No water-pipe tobacco (also known as shisha tobacco) shall be offered on the market unless the packet, box or container that encloses the water-pipe tobacco immediately inside it, has been sealed with a band or excise stamp affixed as indicated by the Commissioner, in such a way that destruction of the band or excise EXCISE DUTY stamp is ensured when the packet, box or container is opened.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>No water-pipe tobacco (also known as shisha tobacco) shall be stored for the purpose of sale, prepared for the purpose of sale, offered for the purpose for sale or offered for free unless it is in its packet, box or container with the band or excise stamp still affixed to it, or within the water-pipe itself.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Those bands or excise stamps shall be issued by the Commissioner against payment, as may be prescribed by regulations issued under the Act, on application made to him by the authorised tax warehouse keeper of water-pipe tobacco.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The bands or excise stamps shall be supplied at the Custom House or at any other place to be appointed by the Minister by means of a notice in the Gazette.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>The band or excise stamp shall be affixed to the container not later than five (5) days from when it was purchased, except in the case where the band or excise stamp should be affixed by the authorised tax warehouse keeper.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>(a) A registered consignor or registered consignee who fails to affix the band or excise stamp within five (5) days from when it is purchased, except for an authorised tax warehouse keeper, shall, on conviction, be liable to a fine (multa) of one-hundred euro (€100) and the Court shall also order the forfeiture of the bands or excise stamps that have not been affixed within the given time. In addition to this, the forfeiture of the water-pipe tobacco itself shall also take place according to the law, as applicable. (b) In the case of an irregularity mentioned in paragraph (a), the Commissioner, while he forfeits the bands or excise stamps not affixed within the given time, may, if the offender admits, refrain from instituting proceedings in terms of this Act and impose a penalty equivalent to one-hundred euro (€100). In addition to this, the forfeiture of the water-pipe tobacco itself shall also take place according to law, as applicable.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>(a) Every authorised tax warehouse keeper who takes out of the authorised tax warehouse water-pipe tobacco on which a band or excise stamp was not affixed according to law, shall, on conviction, be liable to a fine (multa) of one-hundred euro (€100) and the Court shall also order the forfeiture of the bands or excise stamps that had to be affixed to those goods. In addition to this, the forfeiture of the water-pipe tobacco itself shall also take place according to law, as applicable. (b) In the case of an irregularity mentioned in paragraph (a), the Commissioner, while he forfeits the bands or excise stamps that had to be affixed to the water-pipe tobacco, may, if the offender admits, refrain from instituting proceedings in terms of this Act and impose a penalty equivalent to one-hundred euro (€100). In addition to this, the forfeiture of the water-pipe tobacco itself shall EXCISE DUTY also take place according to law, as applicable.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>(a) Any person, with the exception of persons who are authorised, who has in his possession excise stamps shall be liable on conviction to a fine (multa) of three hundred euro (€300) and the court shall order the forfeiture of those excise stamps. In addition, the forfeiture of the water-pipe tobacco itself shall also be carried out according to law, as applicable. (b) In the case of an irregularity mentioned in paragraph (a), the Commissioner, while forfeiting excise stamps not affixed within the stipulated time may, if the offender admits, refrain from instituting proceedings in terms of this Act and impose a penalty equivalent to two hundred and fifty euro (€250). In addition to this, the forfeiture of the water-pipe tobacco itself shall also be carried out according to law, as applicable.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(10)</span>(a) Any quantity whatsoever of water-pipe tobacco which is found in the possession of any person in breach of the provisions of these regulations, shall be withheld and the provisions of article 27 et seq of the Act shall apply and this without prejudice to any other penalty provided for in accordance with the Act or any other law. (b) Any excise stamp which was not affixed within the prescribed term according to law as applicable and which is in possession of any person in contravention with these regulations, shall be withheld and the provisions of article 27 et seq of the Act shall apply and this without prejudice to any other penalty provided for in accordance with the Act or any other law.</div>\n<p class=\"lf-p\">Time and manner of payment of duty on cigarettes.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<p class=\"lf-p\">8.</p>\n<p class=\"lf-p\">Excise duty on cigarettes and tobacco is due when they are offered for local consumption and shall be paid by the authorised tax warehouse keeper as provided in regulation 16(2) of Part A.</p>\n<p class=\"lf-p\">Established retail price.</p>\n<p class=\"lf-p\">9.</p>\n<p class=\"lf-p\">When payment of excise duty on cigarettes is effected, the authorised tax warehouse keeper or registered trader is to declare in writing the retail price established by the importer or manufacturer per packet of twenty (20) cigarettes or part of such packet.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">VII.2019.59.</p>\n<p class=\"lf-p\">How payment is indicated in the cases of locally manufactured cigarettes.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">VII.2019.59.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">10.</span>(1) Payment of excise duty on cigarettes produced in Malta shall be indicated by affixing to every packet, box, carton or other container, an excise stamp that indicates that excise duty has been paid according to the Act for every quantity of cigarettes not exceeding twenty in every packet, box, carton or other container.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Such excise stamps shall be affixed to or across the opening of the packet, box, carton or other container in such a manner as to ensure its destruction when such packet, box, carton or other container is opened.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The said excise stamps shall be of the type approved by the Commissioner and shall be supplied at the Custom House or at any other place to be appointed by the Minister through a notice in the Gazette.</div>\n<p class=\"lf-p\">EXCISE DUTY 11. The quantity of tobacco resulting after deducting the aggregate of the quantity of tobacco lying in stock at the authorised tax warehouse, the quantity of products recorded as produced and the quantity of tobacco offals deemed unsuitable for production and still lying at the authorised tax warehouse from the quantity recorded as introduced into the authorised tax warehouse, shall be considered as having been manufactured into the products for which the authorised tax warehouse is registered unless the authorised tax warehouse keeper can prove otherwise to the satisfaction of the Commissioner.</p>\n<p class=\"lf-p\">Presumption as to quantity of products manufactured.</p>\n<p class=\"lf-p\">11A. (1) Every tobacco manufacturer, tobacco importer, tobacco wholesaler, distributor of tobacco and first retail outlet of tobacco shall apply to be registered or authorised in the Track and Trace system and any other ancillary, additional and, or updated phases of the system established by the laws of the European Union and shall abide by the rules and practices of the system.</p>\n<p class=\"lf-p\">Track and Trace system.</p>\n<p class=\"lf-p\">Added by:</p>\n<p class=\"lf-p\">VII.2019.59.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">XVIII.2021.55;</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Every tobacco manufacturer and tobacco importer shall: (a) be a tax warehouse keeper authorised to operate from an authorised tax warehouse or a registered consignee; (b) be duly registered in the Track and Trace system; and (c) abide by the rules and practices of the said Track and Trace System and any other ancillary, additional and, or updated phases of the said system.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>In the absence of registration or authorisation in accordance with sub-regulation (2), the requirements thereof shall be deemed to be breached.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Importers, wholesalers and distributors involved in the tobacco products distribution network shall carry out scanning procedures on any goods provided for in regulation 14(5) of the Manufacture, Presentation and Sale of Tobacco and Related Products Regulations. Any tobacco products found to be in violation of these regulations shall be removed from retail distribution.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Any tobacco products found in retail outlets which are not compliant with the Track and Trace System procedures, shall be withheld and the provisions of article 27 of the Act shall apply.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Any person who fails to scan tobacco products in compliance with the Track and Trace System procedures according to these regulations, shall be liable on conviction to a penalty of ten euro (€10) per unique identifier, which penalty shall in no case be less than one hundred euro (€100). In addition to the penalty imposed, the court shall order the forfeiture of the tobacco products:</div>\n<p class=\"lf-p\">Provided that the phrase \"any person,\" in this subregulation shall exclude the operator and, or the licence holder of a retail outlet.</p>\n<p class=\"lf-p\">S.L. 315.10.</p>\n<p class=\"lf-p\">S.L. 315.10.</p>\n<p class=\"lf-p\">S.L. 315.10.</p>\n<p class=\"lf-p\">EXCISE DUTY</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>In the case of an irregularity committed by any person in accordance with this regulation, the Commissioner may, if the offender admits, refrain from instituting proceedings in accordance with this Act, release the goods and, in cases of tobacco products which, although in breach of the procedure regulating the supply chain, are nevertheless in conformity with regulation 14 (2) of the Manufacture, Presentation and Sale of Tobacco and Related Products Regulations, impose a penalty of three euro and fifty cents (€3.50) per unique identifier, which penalty shall in no case be less than thirty-five euro (€35):</div>\n<p class=\"lf-p\">Provided that the release of goods shall be subject to the recording of goods in terms of these regulations and in terms of regulation 14(5) of the Manufacture, Presentation and Sale of Tobacco and Related Products Regulations:</p>\n<p class=\"lf-p\">Provided further that if the provisions of this subregulation are applied, there shall be no suspension of licence:</p>\n<p class=\"lf-p\">Provided further that the phrase \"any person,\" in this subregulation shall exclude the operator and, or the licence holder of a retail outlet.</p>\n<p class=\"lf-p\">Records and periodic statements.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">12.</span>(1) The authorised tax warehouse keeper of tobacco and tobacco products shall submit to the Commissioner a statement specifying, in respect of the production of each product, during such accounting period as the Commissioner may prescribe in accordance with regulation 16(1) of Part A and there shall be compiled all the information required to be provided, classified separately under leaf tobacco, tobacco substitutes, tobacco imported cut and tobacco imported cut and blended, as follows: (a) the weight of leaf tobacco, tobacco substitutes and tobacco imported cut or cut and blended but not further manufactured, held by him on the first day of such period at any authorised tax warehouse registered in his name; (b) the weight of any tobacco as aforesaid acquired by him during each such period, stating from where they were acquired; (c) the weight of any tobacco as aforesaid sold or otherwise disposed of during such period, and to whom it was sold, or in whose favour it was disposed of; (d) the quantity of each product manufactured by him during each such period; and (e) the weight of offcuts resulting from the manufacture of each tobacco product during each such period at any authorised tax warehouse registered in his name.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The said statement shall be submitted to the Commissioner within the prescribed period in accordance with regulation 16(1) of</div>\n<h3 class=\"lf-part\">Part A and shall be so compiled as to specify the information</h3>\n<p class=\"lf-p\">required to be furnished, classified separately under leaf tobacco, tobacco substitutes, tobacco imported cut and tobacco imported cut and blended.</p>\n<p class=\"lf-p\">EXCISE DUTY</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Any person who fails to comply with the provisions of this regulation shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding twenty-five thousand euro (€25,000).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">13.</span>The following records shall be kept by the authorised tax warehouse keeper of tobacco products in accordance with regulation 15 of the Excisable Goods Regulations:</div>\n<p class=\"lf-p\">Records to be kept under regulation 15 of Excisable Goods Regulations. (a) all records relating to the information required to be submitted to the Commissioner according to the last preceding regulation, and (b) Customs warehousing and releasing entries, invoices, delivery orders and all other documents concerned with the importation, acquisition, sales, deliveries, exportation or transfer of tobacco, tobacco substitutes and products thereof.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">14.</span>(1) It shall not be lawful for any person other than a person exempted under article 14 of the Act, to acquire by any title whatsoever or be in possession of any cigarettes in containers to which the band, or stamp mentioned in regulation 6 or 10 has not been affixed.</div>\n<p class=\"lf-p\">Possession of tobacco products in contravention of the Act and regulations.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>It shall not be lawful for any person other than a person exempted under article 14 of the Act, knowingly to acquire by any title whatsoever or be in possession of cigarettes or any other tobacco product, in respect of which the duty which is, or, but for the exemption granted under the Act, would be leviable under the Act, has not been paid.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>For the purpose of the last preceding sub-regulation, tobacco products in respect of which payment of drawback has been allowed shall be deemed to be tobacco products in respect of which duty has not been paid.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">15.</span>In accordance with article 14 of the Act, the provisions of these regulations shall not apply to a person who produces hand rolled cigarettes in the circumstances mentioned in article 9(4)(b) of the Act, provided such cigarettes are produced from tobacco or tobacco substitutes on which excise and import duty or any other tax, where applicable, has been paid.</div>\n<h3 class=\"lf-part\">PART D</h3>\n<p class=\"lf-p\">Mineral Oils Regulations 1.</p>\n<p class=\"lf-p\">The title of these regulations is Mineral Oils Regulations.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">2.</span>(a) Each of the following substances shall constitute a fiscal marker:</div>\n<p class=\"lf-p\">Hand rolled cigarettes.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">XVI. 2017.79;</p>\n<p class=\"lf-p\">VII.2018.80;</p>\n<p class=\"lf-p\">VII.2019.59;</p>\n<p class=\"lf-p\">VIII.2020.66;</p>\n<p class=\"lf-p\">XVIII.2021.55;</p>\n<p class=\"lf-p\">VII.2022.66;</p>\n<p class=\"lf-p\">XII.2023.56;</p>\n<p class=\"lf-p\">A.L. 42 of 2024;</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<p class=\"lf-p\">Title.</p>\n<p class=\"lf-p\">Scope.</p>\n<p class=\"lf-p\">EXCISE DUTY (i) for gas oils, excluding gas oils intended to be used for heating purposes: (aa) ACCUTRACE™ (butoxybenzene); and (bb) PLUS all red dye; (ii) for gas oils intended to be used for heating purposes by state and private hospitals, state senior citizens’ homes, Corradino Correctional Facility, sports, philanthropic and religious entities so authorised by the Minister, bakeries up to the maximum amount of litres per month required by the bakery as certified by a mechanical engineer, and other entities authorised by the Minister, and for kerosene: (aa) ACCUTRACE™ (butoxybenzene); and (bb) PLUS all green dye. (b) The markers shall be added in the following proportions: (i) for gas oils, excluding gas oils intended to be used for heating purposes by state and private hospitals, state senior citizens’ homes, Corradino Correctional Facility, sports, philanthropic and religious entities so authorised by the Minister, bakeries up to the maximum amount of litres per month required by the bakery as certified by a mechanical engineer, and other entities authorised by the Minister: (aa) not less than 12.5 milligram per litre and not more than 18.75 milligram of ACCUTRACE™ PLUS per litre of mineral oil, corresponding to a marking level of not less than 9.5 milligram of butoxybenzene per litre and not more than 14.25 milligram of butoxybenzene per litre of energy product; and (bb) not less than such quantity of a red dye which yields a colour absorbance ranging from 0.2 to 0.5 as measured in a spectrophotometer at 500-540 nanometres when introduced in mineral oil;</p>\n<p class=\"lf-p\">EXCISE DUTY (ii) for gas oils intended to be used for heating purposes by state and private hospitals, state senior citizens’ homes, Corradino Correctional Facility, sports, philanthropic and religious entities so authorised by the Minister, bakeries up to the maximum amount of litres per month required by the bakery as certified by a mechanical engineer, and other entities authorised by the Minister, and for kerosene: (aa) not less than 12.5 milligram per litre and not more than 18.75 milligram of ACCUTRACE™ PLUS per litre of mineral oil, corresponding to a marking level of not less than 9.5 milligram of butoxybenzene per litre and not more than 14.25 milligram of butoxybenzene per litre of energy product; and (bb) not less than such quantity of a green dye which yields a colour absorbance ranging from 0.15 to 0.4 as measured in a spectrophotometer at 630 nanometres for the blue component of the dye and a colour absorbance ranging from 0.15 to 0.4 as measured in a spectrophotometer at 400-450 nanometres for the yellow component of the dye when introduced in mineral oil.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">3.</span>(a) With effect from the 19th January 2024 the common fiscal marker as provided in Council Directive 95/60/EC of 27 November 1995 on fiscal marking of gas oils and kerosene, for the marking of all gas oils falling within CN codes 2710 19 43, 2710 19 46, 2710 19 47, 2710 19 48, 2710 20 11, 2710 20 16 and 2710 20 19, as well as of kerosene falling within CN code 2710 19 25, shall be ACCUTRACE™ PLUS.</div>\n<p class=\"lf-p\">Definitions.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">XVI. 2017.79.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">L.N. 42 of 2024. (b) The marking level of ACCUTRACE™ PLUS shall be at least 12.5 milligram per litre and not more than 18.75 milligram per litre of energy product, which corresponds to a marking level of at least 9.5 milligram of butoxybenzene per litre and not more than 14.25 milligram of butoxybenzene per litre of energy product.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">4.</span>(1) Excise duty on petroleum oils of a density below 0.900 at a temperature of 15°C shall be calculated per 1000 litres of product at a temperature of 15°C.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Excise duty on gases shall be calculated on the net weight in kilograms.</div>\n<p class=\"lf-p\">Manner of calculating duty.</p>\n<p class=\"lf-p\">EXCISE DUTY Installations as authorised tax warehouses.</p>\n<p class=\"lf-p\">5.</p>\n<p class=\"lf-p\">Petroleum oil and gas storage installations shall for the purpose of these regulations be deemed to be authorised tax warehouses if so approved by the Commissioner, and storage installation keeper shall likewise be deemed to be an authorised tax warehouse keeper.</p>\n<p class=\"lf-p\">Plans to be approved by Commissioner.</p>\n<p class=\"lf-p\">6.</p>\n<p class=\"lf-p\">A detailed plan of the storage installation shall be submitted to the Commissioner before approval as a authorised tax warehouse is given, and no alterations shall be effected to the storage tanks, pipelines, inlet or outlet valves connected to the storage tanks or to the pipeline, before notification to and approval by the Commissioner.</p>\n<p class=\"lf-p\">Tanks, etc., to be calibrated, etc.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">7.</span>(1) All storage tanks and service tanks shall be calibrated and the capacity of all pipelines shall be ascertained to the satisfaction of the Commissioner.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Any petroleum oil produced in a authorised tax warehouse shall be stored in tanks calibrated as provided for in sub-regulation</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>and all gas so produced shall be measured and stored in such manner as the Commissioner may direct.</div>\n<p class=\"lf-p\">Landing of imported oil or gas.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">XVI. 2017.79.</p>\n<p class=\"lf-p\">8.</p>\n<p class=\"lf-p\">All imported petroleum oil shall be landed from the importing vessel under Customs supervision and when imported in bulk shall be conveyed through approved pipelines to the storage tanks which are calibrated as specified in regulation 7 or otherwise measured to the satisfaction of the Commissioner.</p>\n<p class=\"lf-p\">Measurement of oil or gas.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">9.</span>(1) Petroleum oil or gas discharged into the storage tanks after being produced or imported shall be measured by the Customs official to ascertain the quantity of oil or gas produced or imported before any issues from such tanks are made.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The quantities of petroleum oils shall be measured at observed temperature and converted to the relative quantities at a constant temperature of 15ºC by the application of the appropriate volume correction coefficient.</div>\n<p class=\"lf-p\">Blending of certain fuels.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">10.</span>(1) In derogation to the provision of regulation 8(ii) of the Excisable Goods Regulations, blending of fuel oil of a density above 0.900 at 15°C with diesel oil for bunkering purposes or for meeting the specifications requested by a particular customer shall not by itself constitute production of petroleum oils.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Blending of fuel oil with diesel oil for bunkering or other purposes shall be carried out only as directed by the Commissioner and under such conditions as he may impose.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Except as provided for in the preceding sub-regulation, oils of different density shall only be mixed in a registered authorised tax warehouse.</div>\n<p class=\"lf-p\">Returns.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">11.</span>(1) The authorised tax warehouse keeper of petroleum oils or gases shall produce to the Commissioner, not later than five days after the last Sunday of each calendar month, a return declaring the respective quantity of each type of petroleum oil or gas produced, the quantity of such products kept in stock at the authorised tax warehouse, and the quantities of such products released for home consumption, as bunkering fuel, as merchandise for export, or for EXCISE DUTY any other destination covered by an exemption order, up to and during the period ending at the last Sunday of each month.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The authorised tax warehouse keeper shall produce to the Commissioner, not later than five days after the last Sunday of each calendar month a return declaring the quantity of each type of product introduced into the bonded premises specifying the date of warehousing, the importing vessel, the quantity of each type of product released from the bonded premises for home consumption, for export as merchandise, as bunkering fuel, or for any other destination covered by an exemption order.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>In the case of duty free releases, the monthly return specified in sub-regulations (1) and (2) shall be supported by copies of export documents or other delivery documents relevant to such transactions.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">12.</span>(1) The authorised tax warehouse keeper shall submit to the Commissioner a statement as prescribed in regulation 12 of Part A specifying the following details: (a) the quantity in metric tons of crude oil or gas extracted from any source imported and introduced into the authorised tax warehouse, specifying the date and origin of each entry; (b) the quantity in kilograms or litres, as the case may be, of oils and other materials imported or otherwise obtained as raw material for processing, specifying the type, the density at fifteen degrees celsius (15°C), the date and the importing vessel for each importation; (c) the quantity of each type of oil and gas produced, specifying the relative density at fifteen degrees celsius (15°C) of each type of oil or gas; (d) the quantity of oil and gas in kilograms or litres, as the case may be, consumed by the authorised tax warehouse keeper in heating or fuelling the machinery for the process of production; (e) the quantity of each type of oil and gas in kilograms or litres, as the case may be, sold, exported or otherwise delivered from the authorised tax warehouse; (f) the quantity of each type of oil and gas produced which is kept in stock at the authorised tax warehouse at the end of each period; (g) the balance of crude or other oils and materials, obtained as raw materials, still in stock at the authorised tax warehouse at the end of each period; and (h) the amount of excise duty paid during the period being reported upon.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The authorised tax warehouse keeper shall submit to the Commissioner a statement as prescribed in regulation 12 of Part A containing the following details:</div>\n<p class=\"lf-p\">Statements.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<p class=\"lf-p\">EXCISE DUTY (a) the quantity in kilograms or litres, as the case may be, of all oils and gases introduced into the installation or warehouse, specifying each type of product, the date of warehousing and the importing vessel or other source; (b) the quantity of each type of oil and gas released from the installation or warehouse as sales, exports, bunkering fuel and as other deliveries, specifying which type of transaction; (c) the balance of quantities for each type of oil or gas kept in stock at the installation or warehouse at the end of the year; and (d) the amount of excise duty paid during the year being reported upon.</p>\n<p class=\"lf-p\">Records to be kept for purposes of Excisable Goods Regulations.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">13.</span>The following records shall be kept by the authorised tax warehouse keeper in accordance with regulation 15 of the Excisable Goods Regulations: (a) all records relating to the information required to be submitted to the Commissioner according to regulation 12; (b) Customs warehousing and issuing entries, invoices, delivery orders and all other documents concerned with the importation, acquisition, sales, deliveries, exportations or transfer of petroleum oils, gases, and raw materials.</div>\n<p class=\"lf-p\">Penalty.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">14.</span>Any person who fails to comply with the provisions of regulations 11 or 12 shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding twenty-five thousand euro (€25,000). authorised tax warehouse keeper, etc., to provide measuring appliances, etc.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">15.</span>The authorised tax warehouse keeper shall be responsible to provide such measuring appliances, gauges, calibration and conversion tables, and any other instrument or tool which the Commissioner may require for ascertaining the quantities or relative densities of any product and furthermore shall afford such facilities and assistance as may be required by the Commissioner or Customs officials delegated by him, for the examination, taking account or for sampling any oil or gas on the premises of the authorised tax warehouse keeper where such operations are required to be done on products, produced or kept by the authorised tax warehouse keeper and such facilities shall include reasonable accommodation for Customs officials delegated as aforesaid for such duration as may be necessary for these operations to be carried out.</div>\n<p class=\"lf-p\">Payment of duty.</p>\n<p class=\"lf-p\">Substituted by:</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">16.</span>Excise duty due on petroleum oils or gases released for consumption from the authorised tax warehouse shall be remitted to the Commissioner as prescribed in regulation 16(2) of Part A.</div>\n<p class=\"lf-p\">EXCISE DUTY 16A. (1) No product mentioned in Part B of the Fourth Schedule shall be placed on the market, unless a band or an excise stamp has been affixed to the container immediately enclosing the product, as indicated by the Commissioner.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Such bands or excise stamps shall be issued by the Commissioner against payment, as may be prescribed by regulations under the Act, on application by the authorised tax warehouse keeper of petroleum oils.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The said bands or excise stamps shall be supplied at the Custom House or at any other place to be appointed by the Minister by means of a notice in the Gazette.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>(a) Any registered merchant shall purchase the excise stamps by not later than five (5) working days from the date of entry in Malta of the products mentioned in Part B of the Fourth Schedule on which there is an obligation to affix the excise stamp, except where the excise stamps are to be affixed by an authorised tax warehouse keeper. (b) The excise stamp shall be affixed to the container by not later than five (5) working days from when it is purchased, except in the case where the excise stamp is to be affixed by an authorised tax warehouse keeper.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>(a) Any registered merchant who fails to purchase the excise stamps within five (5) working days from the date of entry in Malta of the products mentioned in Part B of the Fourth Schedule on which there is an obligation to affix the excise stamp, except where the excise stamp is to be affixed by an authorised tax warehouse keeper, shall upon conviction be liable to a fine (multa) of one hundred and fifty euro (€150) and the court shall order the forfeiture of those excise stamps which should have been affixed on the products mentioned in Part B of the Fourth Schedule. In addition, the forfeiture of the products mentioned in Part B of the Fourth S chedule shall also t ake pla ce ac cording to l aw, as applicable. (b) A registered merchant who fails to affix the excise stamp within five (5) working days from when it is purchased, except for an authorised tax warehouse keeper, shall on conviction be liable to a fine (multa) of two hundred euro (€200) and the court shall also order the forfeiture of the excise stamps that should have been affixed on the products mentioned in Part B of the Fourth Schedule.</div>\n<p class=\"lf-p\">In addition to this, the forfeiture of the products mentioned in Part B of the Fourth Schedule shall also take place according to the law, as applicable. (c) In the case of an irregularity mentioned in paragraph (a), the Commissioner may, if the offender admits, refrain from instituting proceedings in accordance with this Act and impose a penalty equivalent to one hundred euro (€100). In addition to this, the forfeiture of the products mentioned in Part B of the Fourth Schedule shall also take place according to law, as applicable.</p>\n<p class=\"lf-p\">Products mentioned in Part B of the Fourth Schedule.</p>\n<p class=\"lf-p\">Added by:</p>\n<p class=\"lf-p\">VIII.2020.66.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">XVIII.2021.55;</p>\n<p class=\"lf-p\">VII.2022.66;</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<p class=\"lf-p\">EXCISE DUTY (d) In the case of an irregularity mentioned in paragraph (b), the Commissioner, while forfeiting the excise stamps not affixed within the given time according to law, as applicable, may, if the offender admits, refrain from instituting proceedings in accordance with this Act and impose a penalty equivalent to one hundred and fifty euro (€150). In addition to this, the forfeiture of the products mentioned in Part B of the Fourth Schedule shall also take place according to law, as applicable.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>(a) Every authorised tax warehouse keeper who takes out of the authorised tax warehouse products mentioned in Part B of the Fourth Schedule on which an excise stamp was not affixed according to law, shall on conviction be liable to a fine (multa) of three hundred euro (€300) and the court shall also order the forfeiture of the excise stamps that had to be affixed to those goods.</div>\n<p class=\"lf-p\">In addition to this, the forfeiture of the products mentioned in Part B of the Fourth Schedule shall also be carried out according to law, as applicable. (b) In the case of an irregularity mentioned in paragraph (a), the Commissioner, while forfeiting the excise stamps that had to be affixed to the products mentioned in Part B of the Fourth Schedule may, if the offender admits, refrain from instituting proceedings in terms of this Act and impose a penalty equivalent to two hundred and fifty euro (€250). In addition to this, the forfeiture of the products mentioned in Part B of the Fourth Schedule themselves shall also be carried out according to law, as applicable.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>(a) Any person who, with the exception of authorised persons, has in his possession excise stamps shall be liable on conviction to a fine (multa) of three hundred euro (€300) and the court shall order the forfeiture of those excise stamps according to law, as applicable. In addition, the forfeiture of the products mentioned in Part B of the Fourth Schedule themselves shall also be carried out according to law, as applicable. (b) In the case of an irregularity mentioned in paragraph (a) the Commissioner while forfeiting the excise stamps that remained unaffixed may, if the offender admits, refrain from instituting proceedings in terms of this Act and impose a penalty equivalent to two hundred and fifty euro (€250). In addition to this, the forfeiture of the products mentioned in Part B of the Fourth Schedule themselves shall also be carried out according to law, as applicable.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>(a) Any quantity of the products mentioned in Part B of the Fourth Schedule which is found in the possession of any person in contravention of the provisions of these regulations, shall be withheld and the provisions of article 27 et seq of the Act shall apply and this without prejudice to any other penalty provided for under the Act or any other law. (b) Any excise stamp which was not affixed within the prescribed time according to law and which is found in the possession of any person in contravention of the provisions of these regulations, shall be withheld and the provisions of article 27 et seq of the Act shall apply and this without prejudice to any other penalty provided for under the the Act or any other law.</div>\n<p class=\"lf-p\">EXCISE DUTY 16B. The provisions of articles 13A and 13B of Part A of this Schedule shall apply, mutatis mutandis, limitedly to the products mentioned in Part B of the Fourth Schedule.</p>\n<p class=\"lf-p\">Release of products mentioned in Part B of the Fourth Schedule.</p>\n<p class=\"lf-p\">Added by:</p>\n<p class=\"lf-p\">III.2026.52.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">17.</span>(1) In accordance with regulations 13 and 14 of the Excisable Goods Regulations, gas oils falling within HS Codes 2710.19.43 to 2710.19.48 or 2710.20.11 to 2710.20.19 and kerosene falling within HS Codes 2710.19.21 to 2710.19.25 when sold or supplied under any duty suspension as provided for in the Fourth Schedule, shall be fiscally marked.</div>\n<p class=\"lf-p\">Fiscal marking of gas oils and kerosene.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">XVI. 2017.79;</p>\n<p class=\"lf-p\">L.N. 270 of 2017.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>(a) Each of the following substances shall constitute a fiscal marker: (i) for gas oils, excluding gas oils intended to be used for heating purposes (aa) N-Ethyl-N-[2-(1-isobutoxyethoxy ethyl] 4-(phenylazo)aniline defined in the Colour Index as Solvent Yellow 124, and (bb) any red dye; (ii) for gas oils intended to be used for heating purposes by: state and private hospitals, state senior citizens’ homes, Corradino Correctional Facility, sports, philanthropic and religious entities so authorised by the Minister, bakeries up to the maximum amount of litres per month required by the bakery as certified by a mechanical engineer, and other entities authorised by the Minister and kerosene (aa) N-Ethyl-N-[2-(1-isobutoxyethoxy)ethyl] 4-(phenylazo)aniline defined in the Colour Index as Solvent Yellow 124, and (bb) any blue anthraquinone dye. (b) The markers shall be added in the following proportions: (i) for gas oils, excluding gas oils intended to be used for heating purposes by:</div>\n<p class=\"lf-p\">EXCISE DUTY state and private hospitals, state senior citizens’ homes, Corradino Correctional Facility,</p></div>", "next": 239940}