EN Official Journal of the European Union L 373/44

COMMISSION DECISION

of 29 November 2004

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 I to the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, taking into account the enlargement

(2004/881/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2002/979/EC of 18 November 2002 on the signature and provisional application of certain provisions 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 5(2) thereof,

Whereas:

(1) Taking account of the enlargement, it is necessary to amend Appendix I, Section A of the Agreement on trade in spirit drinks and aromatised drinks of 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 protect the new spirit terms of the new Member States with effect from 1 May 2004.

(2) Therefore, the Community and the Republic of Chile have negotiated, in accordance with Article 16(2) of the aforementioned Agreement, an agreement in the form of an Exchange of Letters to amend its Appendix I, section A. This Exchange of Letters should therefore be approved.

(3) 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 I, Section A of the Agreement on trade in spirit drinks and aromatised drinks of 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 is hereby empowered to sign the Exchange of Letters in order to bind the Community.

Done at Brussels, 29 November 2004. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 352, 30.12.2002, p. 1.

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

between the European Community and the Republic of Chile concerning amendment of Appendix I to the Agreement on trade in spirits drinks and aromatised drinks of 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, 30 November 2004

Sir,

I have the honour to refer to meetings related to technical adaptations which have been held under Article 16(2) of the Agreement on trade in spirit drinks and aromatised drinks of 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 this Agreement.

As you are already aware the enlargement of the European Union took place on 1 May 2004. Therefore, in this context it is necessary to make technical adaptations to Appendix I, Section A (List of protected designations for spirit drinks originating in the Community) of the above-mentioned Agreement, in order to include the recognition and protection of designations for spirit drinks of the new Member States with a view to be applied by the Parties with effect from 1 May 2004.

I have therefore the honour to propose that Appendix I, Section A to the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, be replaced by the Appendix attached hereto, with effect as of 1 May 2004, i.e. the date of entry into force of the Treaty of Accession to the European Union of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

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

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

On behalf of the European Community Mariann FISCHER BOEL

Brussels, 30 November 2004

Madam,

I have the honour to acknowledge receipt of your letter of 30 November 2004 which reads as follows:

‘I have the honour to refer to meetings related to technical adaptations which have been held under Article 16(2) of the Agreement on trade in spirit drinks and aromatised drinks of 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 this Agreement. As you are already aware the enlargement of the European Union took place on 1 May 2004. Therefore, in this context it is necessary to make technical adaptations to Appendix I, Section A (List of protected designations for spirit drinks originating in the Community) of the above-mentioned Agreement, in order to include the recognition and protection of designations for spirit drinks of the new Member States with a view to be applied by the Parties with effect from 1 May 2004. I have therefore the honour to propose that Appendix I, Section A to the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, be replaced by the Appendix attached hereto, with effect as of 1 May 2004, i.e. the date of entry into force of the Treaty of Accession to the European Union of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. I should be obliged if you would confirm that your Government is in agreement with the contents 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, Sir, the assurance of my highest consideration.

On behalf of the Republic of Chile Alberto VAN KLAVEREN