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            COMMISION DECISION         

of 3 March 2006         

on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to Appendix II of the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part

(2006/568/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2005/269/EC of 28 February 2005 on the conclusion of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (1), and in particular Article 3(2) thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile amending Appendix II of the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The Commissioner of Agriculture and Rural Development is hereby empowered to sign the Exchange of Letters in order to bind the Community.

Done at Brussels, 3 March 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 84, 2.4.2005, p. 19.

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            AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS         

between the European Community and the Republic of Chile concerning amendments to Appendix II of the Agreement on Trade in Spirits Drinks and Aromatised Drinks annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part

Brussels, 24 April 2006            

Sir,

I have the honour to refer to meetings related to technical adaptations which have been held in accordance with Article 16(2) of the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, of 18 November 2002, which provides that the Contracting Parties may, by mutual consent, amend appendices to this Agreement to take account of any amendments to the laws and regulations of the Parties.

In these meetings it has been concluded that some Chilean trademarks that coincides with the Community geographical indications must be incorporated into Appendix II (List of trade marks referred to in Article 7).

I have therefore the honour to propose that Appendix II to the Agreement on Trade in Spirit Drinks and Aromatised Drinks be replaced by the Appendix attached hereto, with effect as of today's date.

I should be obliged if you would confirm that your Government is in agreement with the content of this letter.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the European Community

Mariann FISCHER BOEL            

Brussels, 24 April 2006            

Madam,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

                  ‘I have the honour to refer to meetings related to technical adaptations which have been held in accordance with Article 16(2) of the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, of 18 November 2002, which provides that the Contracting Parties may, by mutual consent, amend appendices to this Agreement to take account of any amendments to the laws and regulations of the Parties.

In these meetings it has been concluded that some Chilean trademarks that coincides with the Community geographical indications must be incorporated into Appendix II (List of trade marks referred to in Article 7).

I have therefore the honour to propose that Appendix II to the Agreement on Trade in Spirit Drinks and Aromatised Drinks be replaced by the Appendix attached hereto, with effect as of today's date.

I should be obliged if you would confirm that your Government is in agreement with the content of this letter.’               

I have the honour to inform you that the Republic of Chile is in agreement with the content of this letter.

Please accept, Madam, the assurance of my highest consideration.

On behalf of the Republic of Chile

Oscar ALCAMÁN RIFFO            

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                     ‘APPENDIX II

TRADE MARKS REFERRED TO IN ARTICLE 7

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(*1)  The wines, spirit drinks and aromatised drinks referred to in Lists B of the Agreement on Trade in Wine and of the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Association Agreement between the European Communities and the Republic of Chile shall not exceed the total quantity of 22 000 hl per year.’         

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