CELEX: 51993PC0504
Language: en
Date: 1993-10-18
Title: 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

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)
 ---pagebreak---                             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.
 ---pagebreak---                                 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
 ---pagebreak---                                        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
 ---pagebreak---                                         <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
 ---pagebreak---                                                                      KSN 0254-1475
                                                              COM(93) 504 final
                                                      DOCUMENTS
EN                                                                             11
                                 Catalogue number : CB-CO-93-539-EN-C
                                                             ISBN 92-77-59872-7
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