2006/568/EC: 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 - 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
Official Journal L 231 , 24/08/2006 P. 0135 - 0138
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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