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:

(1) Taking account of the conclusions of the second Joint Committee meeting of the Agreement on Trade in Wines and of the first Joint Committee meeting of the Agreement on Trade in Spirit Drinks and Aromatised Drinks of the EU-Chile Association Agreement of 13- 14 June 2005 both held in Madrid, it is necessary to amend 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, in order to permit the use of certain Chilean trademarks that coincide with the Community geographical indications to be used on the Chilean internal market in limited quantities up to 31 January 2014, with effect from 24 April 2006.

(2) The Community and the Republic of Chile have negotiated, in accordance with Article 16(2) of the abovementioned Agreement, an Agreement in the form of an Exchange of Letters to amend its Appendix II.

(3) The Exchange of Letters should therefore be approved.

(4) The measures provided for in this Decision are in accordance with the opinion of the Implementation Committee for Spirit Drinks,

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

[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

LETTER No 1

Letter from the European Community

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

LETTER No 2

Letter from Chile

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

A. List of trade marks referred to in Article 7(2)

Cognac Juanico

Coña Col

Gran Coñac

Grappa San Remo

B. List of trade marks referred to in Article 7(2a) [1]

Coñac Mabille

Coñac Basin – Pasquier

Coñac Casino, Camar

Coñac Mendoza

Coñac Cepa de Oro Traverso

Coñac Black Mont

Coñac Lomas de Bellavista

Gran Coñac Rucalban

Coñac Jormus

Coñac el Lagar de los Lagos

Coñac Tres Pinos

Coñac Riobar

Coñac Mirador

Coñac Tres Aguilas, Fray Francisco

Coñac Subercaseaux, 96, Blanc 96

Coñac el Gaitero

Coñac 103, Tres Palos Cruzados

Coñac Quinta Normal

Coñac Mónaco

Coñac Ponce de León

Coñac Adasme

Coñac Monte Grande

Coñac Casa Dieguez, Saint Pierre du Roi

Coñac D' Cuza

Coñac Trianero

Calvados Quinta Normal

Armagnac Quinta Normal

Grapa Mabille

Grapa Casino

Grapa Ivren

Grapa Lomas de Bellavista

Grapa Rucalban

Grapa Valle del Sur

Grapa Tres Pinos

Grapa Riobar

Grapa el Gaitero

Grapa Sol Andino, Uvita

Grapa Monte Grande

[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 22000 hl per year."

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