L 346/28 Official Journal of the European Union 23.11.2004 COMMISSION DECISION of 26 October 2004 on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the United Mexican States concerning amendments to Annex II of the Agreement between the European Community and the United Mexican States on the mutual recognition and protection of designations for spirit drinks (2004/785[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (3)  The measures provided for in this Decision are in Having regard to the Treaty establishing the European Community, Having regard to Council Decision 97/361/EC of 27 May 1997 concerning the conclusion of an Agreement between the European Community and the United Mexican States on mutual recognition and protection of designations for spirit drinks ("), and in particular Article 4 thereof, Whereas: (1)  Taking account of the Mexican request raised during the ‘Formal talks on Free Trade Agreement adaptations following the EU enlargement’ that took place on 28- 30 January 2004 in Mexico City, it is necessary to amend Annex II of the Agreement between the European Community and the United Mexican States on the mutual recognition and protection for spirit drinks in order to protect the Mexican new spirit terms Charanda and Sotol, with effect as of 29 October 2004. (2)  Therefore, the Community and the United Mexican States have negotiated, in accordance with Article 18 of the abovementioned Agreement, an agreement in the form of an exchange of letters to amend Annex II of the Agreement. This exchange of letters should therefore be approved. () O] L 152, 11.6.1997, p. 15. 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 United Mexican States amending Annex II of the Agreement between the European Community and the United Mexican States on mutual recog- nition and protection of designations for spirit drinks is hereby approved on behalf of the Community. The text of the Agreement is attached to this Decision. Atticle 2 The Commissioner of Agriculture is hereby empowered to sign the exchange of letters in order to bind the Community. Done at Brussels, 26 October 2004. For the Commission Franz FISCHLER Member of the Commission