2005/106/EC: Council decision of 22 November 2004 on the signing and provisional application of an Additional Protocol to 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, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union

The Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic hereby become Contracting Parties to the Agreement.

Annex I to the Agreement is hereby amended in accordance with the provisions contained in Annex I to this Protocol, in order to add the tariff quotas indicated in Section 1 of Annex I to the Agreement.

Articles 17(4) and 18(2) of Annex III to the Agreement are hereby amended in accordance with the provisions of Annex II to this Protocol.

Appendix III of Annex III to the Agreement shall be replaced by Annex III to this Protocol.

Appendix IV toAnnex III to the Agreement shall be replaced by Annex IV to this Protocol.

1 The provisions of the Agreement shall be applied to goods exported from either Chile to one of the new Member States or from one of the new Member States to Chile, which comply with the provisions of Annex III to the Agreement and that on the date of accession are either en route or in temporary storage, in a customs warehouse or in a free zone in Chile or in such new Member State.

2 Preferential treatment shall be granted in such cases, subject to the submission to the customs authorities of the importing country, within four months of the date of accession, of a proof of origin issued retrospectively by the customs authorities or competent governmental authority of the exporting country.

Part A of Annex VII to the Agreement shall be replaced by the provisions of Annex V to this Protocol.

Part A of Annex VIII to the Agreement shall be replaced by the provisions of Annex VI to this Protocol.

Part A of Annex IX to the Agreement shall be replaced by the information provided in Annex VII to this Protocol.

Part A of Annex X to the Agreement shall be replaced by the provisions of Annex VIII to this Protocol.

1 The entities of the new Member States listed in Annex IX to this Protocol shall be added to the relevant sections of Annex XI to the Agreement.

2 The list of publication means of the new Member States listed in Annex X to this Protocol, shall be added to Appendix 2 of Annex XIII to the Agreement.

Chile undertakes not to make any claim, request or referral nor to modify or withdraw any concession pursuant to GATT 1994 Articles XXIV.6 and XXVIII or GATS Article XXI in relation to the accession of the new Member States to the European Union.

1 This Protocol shall be concluded by the Community, by the Council of the European Union on behalf of the Member States and by Chile, in accordance with their respective internal procedures.

2 This Protocol shall enter into force on the first day of the first month following that in which all the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose, or on the date of entry into force of the Agreement, whichever is the later.

3 Notwithstanding paragraph 2, the Community and Chile agree to apply provisionally Articles 2, 3, 4, 5, 6, 11 and 12 of this Protocol, from the date of signature of this Protocol. Article 2 shall be applied with effect from 1 May 2004.

4 Notifications shall be sent to the Secretary-General of the Council of the European Union, who shall be the depository of this Protocol.

5 Where a provision of this Protocol is applied by the Contracting Parties pending its entry into force, any reference in such a provision to the date of entry into force of this Protocol shall be understood to refer to the date from which those Parties agree to apply that provision, in accordance with paragraph 3.

This Protocol shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic. The Community shall communicate within three months from the signature of this Protocol to Chile the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovene language versions of the Agreement. Subject to the entry into force of this Protocol, the new language versions shall become authentic under the same conditions as those drawn up in the present languages of this Protocol.

This Protocol shall form an integral part of the Agreement. The Annexes to this Protocol shall form an integral part thereof.