Commission Decision of 26 July 2022 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Republic of Chile concerning amendments to Appendices I, II, V and VIII to the Agreement on Trade in Wines (Annex V), 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 2022/C 287/05
| Published date | 28 July 2022 |
| Date of Signature | 26 July 2022 |
| Official Gazette Publication | Official Journal of the European Union, C 287, 28 July 2022 |
| 28.7.2022 | EN | Official Journal of the European Union | C 287/19 |
COMMISSION DECISION
of 26 July 2022
on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Republic of Chile concerning amendments to Appendices I, II, V and VIII to the Agreement on Trade in Wines (Annex V), 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
(2022/C 287/05)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2005/269/EC of 28 February 2005 on the conclusion of the 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),
Whereas:
| (1) | The Parties held discussions with view to amend several of the Appendices to the Agreement on Trade in Wines (Annex V) and to the Agreement on Trade in Spirit Drinks and Aromatised Drinks (Annex VI) 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 particular, the Parties discussed Appendices I, II, V and VIII to the Agreement on Trade in Wines. |
| (2) | The Parties notified each other up-dated lists of geographical indications and satisfactorily completed the objection and examination procedures of new geographical indications to be protected under the Agreement on Trade in Wines. |
| (3) | The Parties also agreed on a new simplified procedure for the addition of new geographical indications to Appendices I and II to the Agreement on Trade in Wines. |
| (4) | New oenological practices and processes authorised in the European Union and Chile were notified in accordance with Article 18 of the Agreement on Trade in Wines. Pursuant to Articles 21 and 22 of that Agreement they should be added to Appendix V thereto. |
| (5) | The Parties adopted new import certification requirements for wine products entering their respective territories, which should be added to Appendix VIII to the Agreement on Trade in Wines. |
| (6) | Taking account of the conclusions of the 11th EU-Chile Joint Committee of the Agreement on Trade in Wines that was held in Brussels on 13 November 2017, it is necessary to replace Appendices I and II to the Agreement on Trade in Wines with a new list of geographical indications from the European Union and Chile. It is furthermore necessary to modify Appendix V to the Agreement on Trade in Wines to take into account new wine-making practices of the Parties and to modify Appendix VIII to the Agreement on Trade in Wines in the light of new certification rules adopted by the Parties. |
| (7) | The Union and Chile have therefore negotiated an agreement in the form of an Exchange of Letters. Part (1) of the Annex to the Agreement in the form of an Exchange of Letters amends Appendices I, II, V and VIII to the Wine Agreement in accordance with Article 29(2) of that Agreement (2). |
| (8) | The Agreement in the form of an Exchange of Letters concerning the amendments to the Agreement on Trade in Wines should therefore be approved. |
| (9) | The amendments to the Agreement on Trade in Wines provided for in this Decision are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, |
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement in the form of an Exchange of Letters between the European Union and the Republic of Chile concerning amendments to Appendices I, II, V and VIII to the Agreement on Trade in Wines (Annex V), 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 Union.
The text of the Agreement in the form of an Exchange of Letters and Appendices I, II, V and VIII to the Agreement on Trade in Wines (Part (1) of the Annex) are attached to this Decision.
Article 2
The Member of the Commission responsible for Agriculture is hereby authorised to sign the Agreement and to deposit the instrument of approval provided for in the Agreement in order to express the consent of the Union to be bound by the Agreement (3).
Done at Brussels, 26 July 2022.
For the Commission
Janusz WOJCIECHOWSKI
Member of the Commission
(1) OJ L 84, 2.4.2005, p. 19.
(2) Part (2) of the Annex to the Agreement in the form of an Exchange of Letters amends Appendix I to the Agreement on Trade in Spirit Drinks and Aromatised Drinks in accordance with Article 16(2) of that Agreement and is approved by Commission Decision C (2022) 4877 of 26 July 2022 (OJ C 287, 28.7.2022, p. 4).
(3) The date of entry into force of the Agreement will be published in the Official Journal of the European Union.
AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
between the European Union and the Republic of Chile concerning amendments to Appendices I, II, V and VIII to the Agreement on Trade in Wines (Annex V) and Appendix I to the Agreement on Trade in Spirit Drinks and Aromatised Drinks (Annex VI), 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 Union
Brussels, xx.xx,xxxx
Madame,
I have the honour to refer to the discussions held in accordance with Article 29(2) (a) of the Agreement on Trade in Wines (Annex V) and Article 16(2) (a) of the Agreement on Trade in Spirit Drinks and Aromatised Drinks (Annex VI), respectively, 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, as amended in 2005, 2006 and 2009, which provide that the Parties shall, by mutual agreement, amend the Appendices to these Agreements to take account of any amendments to the laws and regulations of the Parties.
In these discussions it has been concluded that Appendices I (Geographical indications of wines originating in the Community), II (Geographical indications of wines originating in Chile), V (Oenological practices and processes and product specifications) and VIII (Protocol) to the Agreement on Trade in Wines, and Appendix I (Protected designations for spirit drinks and aromatised drinks) to the Agreement on Trade in Spirit Drinks and Aromatised Drinks, shall be amended by the Appendices attached to the Annex hereto.
I have the honour to propose that Appendices I, II, V and VIII to the Agreement on Trade in Wines and Appendix I to the Agreement on Trade in Spirit Drinks and Aromatised Drinks be replaced by the Appendices attached to the Annex hereto.
I have the further honour to propose that this letter and your letter of confirmation in reply shall constitute an agreement between the European Union and the Republic of Chile, which shall enter into force 90 days following the date of your letter of confirmation in reply.
Please accept, Madame, the assurance of my highest consideration.
On behalf of the European Union
Member of the Commission's signature
LETTER No 2
Letter from the Republic of Chile
Santiago, xx.xx.xxxx
Sir,
I have the honour to acknowledge receipt of your letter of […] which reads as follows:
‘I have the honour to refer to the discussions held in accordance with Article 29(2) (a), of the Agreement on Trade in Wines (Annex V) and Article 16(2) (a), of the Agreement on Trade in Spirit Drinks and Aromatised Drinks (Annex VI), respectively, 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, as amended in 2005, 2006 and 2009, which provide that the Parties shall, by mutual agreement, amend the Appendices to these Agreements to take account of any amendments to the laws and regulations of the Parties.
In these discussions it has been concluded that Appendices I (Geographical indications of wines originating in the Community), II (Geographical indications of wines originating in Chile), V (Oenological practices and processes and product specifications) and VIII (Protocol) to the Agreement on Trade in Wines, and Appendix I (Protected designations for spirit drinks and aromatised drinks) to the Agreement on Trade in Spirit Drinks and Aromatised Drinks, shall be amended by the Appendices attached to the Annex hereto.
I have the honour to propose that Appendices I, II, V and VIII to the Agreement on Trade in Wines and Appendix I to the Agreement on Trade in Spirit Drinks and Aromatised Drinks be replaced by the Appendices attached to the Annex hereto.
I have the further honour to propose that this letter and your letter of confirmation in reply shall constitute an agreement between the European Union and the Republic of Chile, which shall enter into force 90 days following the date of your letter of confirmation in reply.’
I have the honour to inform you that the Republic of Chile is in agreement with the content of this letter, which shall enter into force on XX.XX.XX.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the Republic of Chile
ANNEX
| (1) | Annex V (Agreement on Trade in Wines) is amended as follows:
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