Commission Decision

of 11 April 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 VI of the Agreement on Trade in Wines 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

(2006/569/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(1) 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 VI of the Agreement on Trade in Wines 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 therefore negotiated, in accordance with Article 29(2) of the Agreement on Trade in Wines, an agreement in the form of an exchange of letters to amend its Appendix VI.

(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 Management Committee for Wine,

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 VI of the Agreement on Trade in Wines 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, 11 April 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 VI of the Agreement on Trade in Wines 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 29(2) of the Agreement on Trade in Wines 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 VI (List of trade marks referred to in Article 7).

I have therefore the honour to propose that Appendix VI to the Agreement on Trade in Wines 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 29(2) of the Agreement on Trade in Wines 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 VI (List of trade marks referred to in Article 7).

I have therefore the honour to propose that Appendix VI to the Agreement on Trade in Wines 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 VI

TRADE MARKS REFERRED TO IN ARTICLE 7

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

Algarves

Alsacia

Asti

Baden

Borgoño

Burdeos

Carmen Margaux

Carmen Rhin

Cava del Reyno

Cava Vergara

Cavanegra

Champagne Grandier

Champaña Rabat

Champagne Rabat

Champaña Grandier

Champaña Valdivieso

Champenoise Grandier

Champenoise Rabat

Errazuriz Panquehue Corton

Nueva Extremadura

Jerez R. Rabat

La Rioja

Moselle

Oro del Rhin

Portofino

Porto Franco

Provence

R Oporto Rabat

Ribeiro

Savoia Marchetti

Toro

Uvita de Plata Borgoña

Viña Carmen Margaux

Viña Manquehue Jerez

Viña Manquehue Oporto

Viña San Pedro Gran Vino Burdeos

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

Champagne Monterrey

Champagne Conde del Maule

Champagne L'Heritage

Champagne Subercaseaux

Champagne Santa Emiliana

Champagne Cima

Champagne Santa Carolina

Champagne Planella

Champagne Ambassador, Rosé Ambassador

Champagne Merlot Valdivieso

Champagne Undurraga

Champagne Supreme

Champagne Santa Adela

Champagne Tocornal

Champagne Tarapacá

Champagne, Champenoise Viña Mar

Jerez Casino

Jerez Montalbán La Fortuna

Jerez Zalamero

Chablis Santa Blanca

Chablis Macaya

Pommard Macaya

Pommard Canepa

Pommard Viña el Arrayan

Oporto Casino

Oporto Traverso

Oporto Diamante Centenario

Esencia"

[1] The wines, spirit drinks and aromatised drinks referred to in Lists B of the Agreement on Trade in Wines and of the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Association Agreement between the European Communities and its Member States, of the one part, and the Republic of Chile, of the other part, shall not exceed the total quantity of 22000 hl per year.

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