Source: EURLEX
Language: en
Format: md

C 317 / 6 I EN I Official Journal of the European Communities 18 . 10 . 97

Article 3

The Commission, assisted by representatives of the Member States, shall represent the
Community in the Joint Co-operation Committee provided for in Article 1 5 of the Agreement .

Article 4

This decision shall be published in the Official Journal of the European Communities .

CO-OPERATION AGREEMENT

between the European Community and the Republic of Yemen

THE COUNCIL OF THE EUROPEAN UNION,

of the one part, and

THE GOVERNMENT OF THE REPUBLIC OF YEMEN,

of the other part,

hereinafter referred to as ' the Parties ',

RECOGNISING the excellent relations and links of friendship and co-operation between the
Community and the Republic of Yemen,

REAFFIRMING the importance of further strengthening the links between the Community and
the Republic of Yemen,

EMPHASISING the importance the Parties attach to the principles of the United Nations
Charter, to the Universal Declaration of Human Rights, to the 1993 Vienna Declaration and
the Plan of Action of the World Conference on Human Rights, to the 1995 Copenhagen
Declaration on Social Development and the associated plan of action, and to the 1995 Beijing
Declaration and the plan of action of the 4th World Conference on Women, and to a
continuing dialogue thereon,

CONSIDERING the desirability of amplifying the framework of relations between the European
Community and the Middle East, and of regional co-operation between the Middle East
countries, and recognising that co-operation with the Republic of Yemen forms an integral part
of the European Community 's policy in favour of strengthening Euro-Arab relations in both
the Mediterranean and the Middle-East,

REAFFIRMING the Parties ' common will to consolidate, deepen and diversify their relations in
areas of mutual interest on a footing of equality, non-discrimination, mutual benefit and reci ­
procity,

CONSIDERING the desire of the Parties, within the bounds of their respective competence, to
create favourable conditions for the development of trade and investment between the
Community and the Republic of Yemen, and the need to uphold the principles adopted by the

i8.io.97 PEN Official Journal of the European Communities C 317 / 7

WTO whose purpose is to promote trade liberalization in a stable, transparent and
non-discriminatory manner which takes account of the Parties ' economic differences,

RECOGNISING the need to support the economic and social development of the Republic of
Yemen, and particularly the Yemeni government 's efforts to improve the living conditions of
the poor and disadvantaged sections of the population, with a special emphasis on the status of

women,

UNDERLINING the importance attached by the Parties to the promotion of balanced demo ­
graphic growth, to the eradication of poverty, to the protection of the environment on a global
level as well as at national and local levels ; underlining the recognition of the links between
population, economic development and the natural environment,

HAVE DECIDED TO CONCLUDE this Agreement and to this end have designated as their
Plenipotentiaries :

THE COUNCIL OF THE EUROPEAN UNION,

President

Manuel MARIN

Vice-President of the Commission of the European Communities,

THE GOVERNMENT OF THE REPUBLIC OF YEMEN

Minister of Planning and Development,

WHO, having exchanged their Full Powers, found in good and due form,

HAVE AGREED AS FOLLOWS :

Article 1

Basis

aspects of co-operation between the Parties in the areas
which fall within the bounds of their respective
competence including development, trade, economic and
cultural co-operation, environmental protection and
sustainable management of natural resources, and human
resources development . Consequently, the Parties will
have the following aims :

Relations between the Parties, as well as all the sustainable management of natural resources, and human
provisions of the Agreement itself, shall be based on resources development . Consequently, the Parties will
respect of democratic principles and fundamental human have the following aims :
rights as set out in the Universal Declaration on Human
Rights, which guides their domestic and international
policies and constitute an essential element of this
Agreement . ( a ) to promote and intensify trade between the Parties,

and to encourage the steady expansion of sustainable
economic co-operation, in accordance with the prin ­
Article 2 ciples of equality and mutual advantage ;

Objectives

The principal objective of the Argeement is to enhance

and develop, linder a concept of dialogue, the various

( b ) to strengthen co-operation in fields closely related to

economic progress and benefiting both Parties ;

c 317 / 8 PEN Official Journal of the European Communities 18 . 10 . 97

( c ) to contribute to Yemen 's efforts to improve the

quality of life and standards of living of the most
disadvantaged and poorest groups of the population,
together with measures using rural development to
combat poverty in the countryside and assistance
with developing human resources in a number of
sectors of the economy ;

( d ) to take the requisite measures to protect the world,

regional and national environments and manage
natural resources sustainably, taking account of the
link between the environment and development ;

( e ) to extend their co-operation to the field of culture,

communication and information to improve mutual
understanding and strengthen existing links between
them .

Article 3

Trade co-operation

( a ) Within the limits of its respective competence, the

Community will conduct trade in accordance with
the Agreement establishing the WTO and the
Republic of Yemen will for its part seek to conduct
trade accordingly .

( b ) In conformity with the Provisions of the General

Agreement on Tariffs and Trade ( GATT 1994 ) and
in regard to imported or exported goods, both sides
will grant each other most favoured nation
treatment . These provisions shall not apply to prefe ­
rences accorded by either Party under any
arrangement establishing a customs union, a free
trade area or a preferential treatment area .

( c ) The objective of co-operation in this field will be to

develop and diversify two-way EC-Yemen trade and
to improve market access in line with the Parties '
respective economic situations .

( d ) In particular, it will include provisions on the
following matters :

— the Parties undertake to develop and diversify

their reciprocal commercial exchanges and to
improve market access, in a manner compatible
with their respective economic situations and
level of development,

— the Parties are committed to improving the terms

of access for their products to each other 's
markets . In this context, they shall grant each
other the most favourable conditions for imports
and exports and they agree to examine ways and
means of eliminating barriers to trade between
them, notably non-tariff barriers, taking account
of the work already done in this connection by
international fora,

— the Parties agree to promote the exchange of

information concerning mutually beneficial
market opportunities,

— within the limits of their respective competence,

the Parties agree to improve the co-operation in
customs matters between the respective autho ­
rities, especially with regard to the possibility of
professional training, the simplification and
harmonization of customs procedures, and
assistance to combat customs fraud,

— the Parties also undertake to give consideration,

each in accordance with its laws, to exempting
from duty, tax and other charges goods admitted
temporarily to their territories for subsequent
re-export unaltered or for goods which re-enter
their territories after processing in the other
Party and where such processing is not
considered sufficient for the goods to be treated
as originating from the territory of that Party,

— within the limits of their respective competence,

the Parties agree to consult each other in
connection with trade or trade dispute related
matters, including property rights and public
procurement, on any dispute which may arise .
They will also hold consultations in a
constructive spirit on the issues of tariff,
non-tariff, services, health, safety or environ ­
mental measures and technical requirements,

— insofar as their competencies, regulations and

policies permit, the Parties will aim to improve
exchanges of information relating to public

procurement,

— the government of Yemen shall take all necessary

measures in order to improve the conditions for
adequate and effective protection and
enforcement of intellectual, industrial and
commercial property rights,

— to this end the government of Yemen shall, in

particular, accede as soon as practicable to the
relevant international conventions on intellectual
industrial and commercial property to which it is
not a party, including but not limited to the Paris
Convention for the protection of industrial
property, the Bern Convention for the protection
of literary and artistic works and the agreement
on trade related aspects on intellectual property
rights ( TRIPS ),

— the European Community, within the limits of its

competencies, and the Republic of Yemen, with
regard to international maritime services, shall
seek to ensure effective application of the prin ­
ciples of unrestricted access to cargoes on a
commercial and non-discriminatory basis,

18 . 10 . 97 EN I Official Journal of the European Communities C 317 / 9

— in order to enable the Republic of Yemen to fulfil

the above mentioned undertakings and obli ­
gations, technical assistance shall be envisaged .

Article 4

Development co-operation

The Community recognises Yemen 's need for develop ­

ment assistance and acknowledges that without a
continuing rapid and sustainable reduction of poverty
and population growth in the Republic of Yemen, the
risk of constraints " and conflicts which could undermine
the country 's economic progress as well as the economic
and social development of the population ( particularly
the weaker sections ) will increase .

The Community also recognises that there is potential
for its contribution to the development efforts of the
Republic of Yemen to increase both in terms of size and
impact, more particularly, in the strategic fields of
poverty alleviation through primary education, training
and improvement of working conditions, water, rural
development and health, especially in the form of
primary health are including planned parenthood
promotion and population activities . Activities
undertaken in these areas should where appropriate,
promote equal opportunities and positively focus on girls
and women . In this regard the Commission is anxious to
develop co-operative links with local NGOs .

In light of the above and in accordance with the Council
Regulation ( EEC ) No 443 / 92 on Co-operation with the
ALA Countries, co-operation will continue to be
developed within the context of a clear co-operation
strategy and dialogue aimed at defining mutually agreed
priorities, and pursuing effectiveness and sustainability .

The Parties will, within the limits of their available
financial means and within the framework of their
respective procedures and instruments, make available
funds to facilitate the achievement of the aims set out
in the agreement . Within its financial planning of
co-operation activities, the Community will take into
account the need to ensure an appropriate balance in the
geographical distribution of its commitments .

The Parties will ensure that actions undertaken within
the framework of development co-operation are
consistent with development strategies agreed in concer ­
tation with the Bretton Woods institutions .

Article 5

Economic co-operation

Both Parties will undertake, in accordance with their
respective policies and objectives and within their

available resources, to foster economic co-operation for
mutual benefit and will determine together and to their
mutual advantage, within the limits of their respective
competencies, the areas and priorities for economic
co-operation programmes and activities within the
context of a clear co-operation strategy . In addition, in
order further to strengthen economic relations between
the Community and the Republic of Yemen, a regular
economic dialogue will be set up between the two
parties, covering all areas of macro-economic policy and
including, within the limits of their respective
competence, budgetary policy, balance of payments and
monetary policy . The aim of this dialogue is to bring
about closer co-operation between the authorities
responsible for carrying out economic policies in their
areas of competence .

Co-operation in these areas will involve the following
broad fields of action :

( a ) developing a creative competitive and sustainable
economic environment in the Republic of Yemen by
facilitating access to Community know-how and
technology, inter alia, in the fields of standards,
quality control and telecommunications ;

( b ) facilitating business to business contacts, exchange
of information and other measures designed to
promote and protect commercial exchanges
including the promotion of Yemeni exports ;

( c ) creating an environment propitious for the devel ­
opment of Yemeni SMEs and facilitating exchange
of information on enterprise and SME policy,
particularly in respect of improving the business
environment and encouraging closer contacts not
only between SMEs, with a view to promoting trade
and industrial co-operation opportunities, but also
between the relevant Community authorities and
those Yemeni authorities responsible for the
implementation of macro-economic adjustment ;

( d ) conducting a dialogue on economic co-operation

between the Republic of Yemen and the Community
including the exchange of information on the
macro-economic situation and prospects and on
development strategies ;

( e ) reinforcing mutual understanding of their respective
economic environments and business culture as a
basis for effective co-operation ;

( f ) improving, within the limits of their respective
competencies, co-operation in standards and regu ­
latory issues between the respective authorities,
especially with respect to professional training, and
simplification and harmonization of standards ;

c 317 / 10 ΓΕΝ Official Journal of the European Communities 18 . 10 . 97

( g ) strengthening management training in the Republic

of Yemen with a view to develop business operators
who are able to interact effectively with the
European business environment ;

( h ) promoting dialogue between the Republic of Yemen

and the Community in the field of energy policy,
transfer of technology and technology co-operation ;

( i ) supporting Yemen 's efforts to modernize and
restructure industry through encouraging the diver ­
sification of industrial output and improving the
relevant legal and administrative framework ;

( j ) promoting the involvement of the private sector in
co-operation programmes in order to strengthen
economic and industrial co-operation between the
Parties . To this effect, the Parties shall take

measures to :

— encourage the private sector 6f both Parties to

develop business co-operation, and

— involve the private sectors in activities developed

within the framework of the agreement ;

( k ) within the limits of their respective competence,

further co-operation as regards financial services
through exchanging information on financial regu ­
lations and practices and training schemes and
fostering reform of the banking and financial
systems and liberalization of financial services ;

( 1 ) providing for co-operation on transport facilities
and management including civil aviation and ports
management, and furthering the use of Community
standards in this sector ;

( m ) recognising the importance of co-operation
concerning the information society and information
and communications technologies that help speed up
economic development and trade . Providing for
dialogue and possibly assistance concerning the
regulation and standardization of telecommuni ­
cations and the development of projects, particularly
concerning the application of telematics in priority
areas ( education, health, environment, transport,
electronic trade ).

Within the limits of their respective competencies, the

Parties will undertake to encourage an increase in
mutually beneficial investment by establishing a more
favourable climate for private investments through better
conditions for the transfer of capital and by supporting,
where appropriate, the conclusion of conventions on the
promotion and protection of investments between the
Member States of the Community and the Republic of
Yemen on the basis of the principles of non-discrimi ­
nation and reciprocity .

Article 6

Agriculture and Fisheries

The Parties undertake, in a spirit of understanding, to
co-operate for the modernization and restructuring of
agriculture and fisheries .

This co-operation will be geared more especially to :

— assisting the Republic of Yemen in developing and

implementing a national food security strategy,

— development of stable markets,

— integrated rural development including the im ­
provement of basic services and the development of
associated economic activities,

— development and improvement of private distribution

channels, packaging and storage techniques, and
marketing,

— support for privatization and private sector devel ­

opment,

— conservation and rational management of fish stocks,

— promotion of the diversification of production and

reduction of food dependency,

— promotion of environmentally friendly agriculture

and fisheries,

— modernization of infrastructure in rural areas and

rural development,

— promotion of co-operation in the sector of health,

veterinary and animal plant matters, aiming at
dismantling trade barriers, in accordance with the
legislation of the Parties to the agreement,

— technical assistance and training .

Co-operation could take the form of transfers of
know-how, promotion of agricultural research, estab ­
lishment of joint ventures, and training schemes .

Article 7

Environment co-operation

The Parties recognise that there is a close link between

poverty and environmental degradation . Thus, the
principal aim of environmental co-operation between the
Parties — within the limits of their respective compe ­
tencies — will be to enhance the prospects for achieving

18 . 10 . 97 I EN I Official Journal of the European Communities C 317 / 11

sustainable economic growth and social development,
placing a high priority on the protection of the natural
environment including marine environment and the
reduction of environmental degradation, in particular
desertification .

Co-operation will be achieved in the following ways :

— establishment of administrative, regulatory and
information structures to permit rational management
of the environment,

— co-operation in the development of sustainable and

non-polluting energy sources, as well as solutions to
urban and industrial pollution problems,

Both parties will encourage operations and give technical
support to activities designed to develop co-operation
between the Republic of Yemen and its neighbours . In
this context co-ordination with the Community 's decen ­
tralized co-operation programmes with the Mediter ­
ranean and GCC countries should be envisaged .

Article 10

Science and technology

The Parties will endeavour to promote co-operation on
scientific and technological development .

Co-operation will take the form of :

— encouraging regional co-operation and co-ordi ­
nation, — exchanges information, of scientific and technological

— exchanges of information and of expertise,
particularly in the context of the transfer of appro ­
priate environmental technology,

— training and advisory schemes and the development

of networks .

Article 8

— exchanges between scientists and development of

inter-institutional relationships in this field,

— training activities,

— improvement of Yemeni research capabilities,

— access to regional scientific an technological
Tourism co-operation networks .

Within the limits of the Parties ' respective competence,
priorities for co-operation in this sphere will be :

— intensifying training schemes in hotel management

and administration and training for other related
occupations,

— attracting local and foreign investment to the tourism

sector,

— tourism marketing and business co-operation,

— exchange of best practice for ensuring a sustainable

development of tourism .

Article 9

Regional co-operation

Economic and other co-operation between the Parties
may extend to activities under co-operation or inte ­
gration agreements with other countries of the same
region, provided the said activities are compatible with
those agreements .

The parties will determine the areas of mutual interest
together . In general priority will be given to schemes to
create synergy having a regional impact, such as
environment, management of soil, water and health .

Article 11

Co-operation against Drug Abuse and
Control of Chemical Precursors and Money Laundering

In conformity with their respective competencies and the
pertinent legal provisions, the Parties will agree :

— to consider special measures against the illicit culti ­

vation, production and trade in drugs, narcotics and
psychotropic substances as well as prevention and
reduction of drug abuse,

— to co-operate in order to prevent the diversion of

drug precursor chemicals,

— to make every effort in order to prevent money laun ­

dering ;

C 317 / 12 | EN Official Journal of the European Communities 18 . 10 . 97

Co-operation in the field of money-laundering between
the Parties within the limits of their respective compe ­
tencies will aim at establishing suitable standards against
money laundering equivalent to those adopted by the
Community and international fora in this field, in
particular the Financial Action Task Force ( FATF ).

Article 12

Social Co-operation

The parties acknowledge the importance of social
development which should go hand in hand with
any economic development . They will give particular
priority to respect for basic social rights .

Within the limits of their respective competence,
co-operation may cover any area of interest to the
parties . Taking into account their respective fields of
competence and pertinent legal provisions, the parties
will give priority to measures aimed at :

— promotion of de facto equality of women in economic

and social development and the balanced involvement
of women and men in related decision making
processes — in particular through education and the
media,

— improving the working conditions and social
protection of mothers and children,

— improvement of the social protection system,

— improvement of the response to health requirements .

Article 13

Human Resources Development

The Parties agree that human resources development
constitutes an integral part of both economic and social
development . They will undertake to determine how to
improve the situation of education and vocational
training . To this end, access of women to education,
including technical courses, higher education and
vocational training, will receive special attention . In
order to develop the level of expertise of senior staff in
the public and private sectors, the parties will step up
their co-operation on education and vocational training
and encourage co-operation between universities and
firms .

Article 14

Information, Culture and Communications

The Parties, within their respective areas of competence,

and in the light of their policies and mutual interests, will
establish co-operation in the fields of information,
culture, cultural heritage and communications, both to
create a better mutual understanding and to strengthen
cultural ties between them, including, inter alia, through
studies and technical assistance for the preservation of
cultural heritage .

Within the sphere of their respective competencies, such
co-operation may include :

— programmes of mutual information including the

press and audio-visual media,

— conservation and restoration of monuments and
buildings of architectural interest,

— education and training,

— cultural events .

Article 15

Institutional aspects

A Joint Co-operation Committee will be established at

official level to oversee the overall implementation of this

agreement .

It will meet alternately in the Community and the
Republic of Yemen, normally at annual intervals . Its role
will be to :

( a ) ensure the proper functioning of the Agreement ;

( b ) set the priorities in relation to the aims of the

Agreement ;

( c ) make suitable recommendations for promoting the

objectives of the Agreement .

Both parties emphasize their desire to see regular
contacts established between the European and the
Yemeni Parliaments .

Article 16

Evolutive Clause

The Parties may, by mutual consent and within their
respective areas of competence, extend this Agreement to
expand co-operation, enhance its level and add to it by
means of future agreements on specific sectors or
activities .

18.10.97 PEN ! Official Journal of the European Communities C 317 / 13

Within the framework of this Agreement, either Party privileges usual according to international standards
may put forward suggestions for expanding the scope of which are necessary for the performance of their
the co-operation, taking into account the experience functions . Supplies and goods imported to the Republic
gained in its application . of Yemen in the framework of the implementation of

co-operation activities should also be exempted from any
Article 17 kind of taxation, levies or other charges .

Other Agreements Article 20

Without prejudice to the relevant provisions of the
Treaties establishing the European Communities, neither
this Agreement nor any action taken thereunder shall in
any way affect the powers of the Member States of the
European Union to undertake bilateral activities with the
Republic of Yemen in the framework of economic
co-operation or to conclude, where appropriate, new
economic co-operation agreements with the Republic of
Yemen .

Subject to the provisions of the above paragraph, the
provisions of this Agreement shall replace provisions of
Agreements concluded between Member States of the

European Union and the Republic of Yemen where such
provisions are either incompatible with or identical to the
provisions of this Agreement .

Territorial application

This Agreement shall apply, on the one hand, to the
territories to which the Treaty establishing the European
Community applies and under the conditions laid down
in the Treaty and, on the other, to the territory of the
Republic of Yemen .

Article 21

Entry into force

This Agreement shall enter into force on the first day of
the month following the date on which the Parties notify
each other of the completion of the procedures necessary
for this purpose .

This Agreement is concluded for an unlimited period

Article 18
unless one of the Parties denounces it .

Non-execution of the Agreement

If either Party considers that the other Party has failed
to fulfil any of its obligations under this Agreement, it
may take appropriate measures . Before so doing, except
in cases of special urgency, it shall supply the other Party
with all relevant information required for a thorough

examination of the situation with a view to seeking a
solution acceptable to the Parties .

In the selection of measures, priority must be given to
those which least disturb the functioning of this
Agreement . Such measures shall be notified immediately
to the other Party and consultation shall be held on them
if the other Party so requests .

Article 22

Authentic texts

This Agreement is drawn up in duplicate in the Danish,

Dutch, English, Finnish, French, German, Greek, Italian,
Portuguese, Spanish, Swedish and Arabic languages,
each text being equally authentic .

Article 23

Annexes

The Annexes to this Agreement shall form an integral
part thereof .

Article 19 Done in Brussels, . . .

Appropriate Conditions for EC Experts under EC-funded

Co-operation Activities in the Republic of Yemen

To facilitate co-operation within the framework of the

agreement, the Yemeni government will grant to EC
officials and experts involved in implementing
co-operation, the guarantees, facilities and legal

The Council of the European Union

The Republic of Yemen

The Commission of the European Communities

C 317 / 14 ~EN~1 Official Journal of the European Communities 18 . 10 . 97

ANNEX I

Declaration on Article 18 — Non-Execution of the Agreement

( a ) The Parties agree, for the purposes of the interpretation and practical application of this Agreement,

that the term ' cases of special urgency ' in Article 18 of the Agreement means a case of material breach
of the Agreement by one of the Parties . A material breach of the Agreement consists in :

— repudiation of the Agreement not sanctioned by the general rules of international law,

— violation of essential elements of the Agreement set out in Article 1 .

( b ) The Parties agree that the ' appropriate measures ' referred to in Article 18 are measures taken in

accordance with international law . If a Party takes a measure in a case of special urgency as provided
for under Article 18, the other Party may avail itself of the procedure relating to settlement of disputes .

ANNEX II

Joint Declaration on Intellectual, Industrial and Commercial Property

The Parties agree for the purposes of this Agreement that ' intellectual, industrial and commercial property '
includes in particular protection of copyright and related rights, patents, industrial designs, trademarks and
service marks, software, topographies of integrated circuits, geographical indications, as well as protection
against unfair competition and the protection of undisclosed information of know-how .

Joint Declaration on the Re-admission of Citizens

The European Community recalls the importance which its Member States attach to the establishment of
effective co-operation with third countries with the objective of facilitating the re-admission of citizens of
these latter countries who find themselves in an irregular situation in the territory of a Member State .

The Republic of Yemen accepts the engagement to finalize re-admission agreements with those Member

States of the European Union which request it .