Proposal for a COUNCIL REGULATION (EEC) on the conclusion of the agreement in the form of an exchange of letters amending the cooperation agreement between the European Economic Community and the Yemen Arab Republic
Date: 1993-10-18
Institutions: European Commission
Subjects: Yemen, cooperation agreement (EU), economic cooperation, economic development, signature of an agreement

COMMISSION OF THE! EUROPEAN  COMMUNITIES 

COM(93) 504 final 

Brussels,  18 October  1993 

• & r: 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

on the conclusion of  the agreement  In the form of an exchange of  letters 
amending  the cooperation agreement  between  the European  Economic  Community 
and  the Yemen Arab Republic. 

(presented  by  the Commission) 

Explanatory  Memorandum 

The European  Economic Community  has a cooperation agreement  with  the 
Yemen Arab Republic, which was signed on 9 October  1984 and approved by 
the Council on 29 January  1985  (Regulation  (EEC) No 226/85, published  in 
OJ No L 26, 31.1.1985).  It entered  into force on 3 February 1985. 

On 19 May  1990, the Vice President  and  Foreign Minister  of  the Yemen Arab 
Republic and  the Foreign Minister of  the People's Democratic  Republic of 
Yemen  informed  the President  of  the Council  and  the President  of  the 
Commission,  in writing, that  the two countries were  to unite on 22 May 
1990 to form a new sovereign  state, to be known as the Republic of Yemen. 

The Republic of Yemen was proclaimed on 22 May  1990, and  the authorities 
of  the new state confirmed  in a communication delivered  verbally  by  its 
Ambassador  in Brussels on  10 December  1991  that  the Republic of Yemen had 
succeeded  to all  the  international  obligations  (treaties and  agreements) 
of both  the former  Yemen Arab Republic and  the former  People's  Democratic 
Republic of Yemen, and  that  the territory  of  the Republic of Yemen 
comprised  all  the territory of  the two former states. 

4. The cooperation agreement  between  the European  Economic Community  and  the 
Yemen Arab Republic  should  therefore be amended  to take account of  this 
change and  to extend  its field of  application  to the territory of  the 
former  People's Democratic Republic of Yemen. 

5. The Commission believes  that  it  is  important  for  the Community  to modify 
the agreement  to take account  of  the new situation  created  by unification 
without  delay. 

6. The Commission was authorized  to negotiate with  the Republic of Yemen  in 
May  1992, and  these negotiations  have resulted  in a draft  agreement  in 
the form of an exchange of  letters which  it  is  in the Community's 
interests to approve. 

Conclusion 

7. The Commission  recommends  that  the Council  take the proposed  decision to 

this effect. 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

on  the conclusion of  the agreement  in the form of  an exchange of  letters 
amending  the cooperation  agreement  between  the European  Economic  Community 
and  the Yemen Arab Republic. 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having  regard  to the Treaty establishing  the European Economic Community, 
and  in particular  Articles  113 and 235 thereof, 

Having  regard  to the proposal  from  the Commission,1 

Having  regard  to the Opinion of  the European Parliament,2 

Whereas as a result of  the unification of  the Yemen Arab Republic and the 
People's Democratic Republic of Yemen  to form  the RepubI i c of Yemen  it is 
necessary  to modify  the cooperation  agreement  between  the European  Economic 
Community  and  the Yemen Arab Republic concluded  by Council  Regulation  (EEC) 
No 226/85 of  29 January  1985;3 

Whereas negotiations  to this effect  have been conducted  with  the Republic of 
Yemen and  have  resulted  in a draft  exchange of  letters which  it  is in the 
Community's  interests  to approve, 

HAS ADOPTED  THIS REGULATION: 

Art i cIe 1 

The agreement  in the form of an exchange of  letters amending  the cooperation 
agreement  between  the European Community  and  the government  of  the Yemen 
Arab Republic  is hereby  approved on behalf  of  the European  Community. 

The  texts of  the agreement  in the  form of  an exchange of  letters are 
attached  to this Regulation. 

Art icle 2 

The President  of  the Council  is hereby  authorized  to designate  the persons 
empowered  to sign  the agreement  in the form of an exchange of  letters 
referred  to  in Article  i in order  to bind  the Community. 

Done at Brussels 

For  the Council 
The President 

1  OJ No C 
2  OJ No C 
3  OJ No L 26, 31.1.1985, p. 1 

3 

DRAFT AGREEMENT 

in the form of an exchange of  letters on extending  to the new Republic of 
Yemen the cooperation agreement  between  the European Economic Community and 
the Yemen Arab Republic. 

A. Letter  from the government  of  the Republic of Yemen 

Sir , 

With  reference  to the consultations held between  the representatives of the 
European Economic Community  and  the Republic of Yemen with a view to 
adapting  the cooperation agreement  between  the European  Economic Community 
and  the Yemen Arab Republic, following  the unification of  the Yemen Arab 
Republic and the People's Democratic  Republic of Yemen on 22 May  1990 to 
form  the Republic of Yemen,  I have the honour  to declare  that, in 
accordance with  the principles of  international  law, the provisions of that 
cooperation  agreement  apply  to the territory  of  the Republic of Yemen. 

Please confirm  the European Economic Community's agreement  to this 
extension of  the cooperation agreement. 

Please accept, Sir, the assurance of my  highest  consideration. 

On behalf of  the government 
of  the Republic of Yemen 

<v 

B. Letter  from the European  Economic Community 

Sir , 

I have  the honour  to acknowledge  receipt of  your  letter  which  states as 
fol lows: 

"With  reference  to the consultations held between  the representatives of 
the European  Economic Community  and the Republic of Yemen with a view to 
adapting  the cooperation agreement  between  the European  Economic Community 
and  the Yemen Arab Republic, following  the unification of  the Yemen Arab 
Republic and  the People's Democratic Republic of  Yemen on  22 May  1990 to 
form  the Republic of Yemen,  I have the honour  to declare  that, in 
accordance with  the principles of  international  law, the provisions of that 
cooperation  agreement  apply  to the territory  of  the Republic of Yemen. 

Please confirm  the European Economic Community's  agreement  to this 
extension of  the cooperation agreement." 

I have  the honour  to confirm  the European  Economic Community's  agreement  to 
this extension of  the cooperation agreement. 

Please  accept, Sir, the assurance of my  highest  consideration. 

On behalf of  the Council of  the European Communities 

KSN 0254-1475 

COM(93) 504 final 

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