Article 16. Evolutive Clause
The Parties may, by mutual consent and within their respective areas of competence, extend this Agreement to expand cooperation, enhance its level and add to it by means of future agreements on specific sectors or activities.
Within the framework of this Agreement, either Party may put forward suggestions for expanding the scope of the cooperation, taking into account the experience gained in its application.
Article 17. Other Agreements
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 cooperation or to conclude, where appropriate, new economic cooperation 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.
Article 18. 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 19. Appropriate Conditions for Ec Experts Under Ec-funded Cooperation Activities In the Republic of Yemen
To facilitate cooperation within the framework of the Agreement, the Yemeni government will grant to EC officials and experts involved in implementing cooperation the guarantees, facilities and legal privileges usual according to international standards which are necessary for the performance of their functions. Supplies and goods imported to the Republic of Yemen in the framework of the implementation of cooperation activities should also be exempted from any kind of taxation, levies or other charges.
Article 20. 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 unless one of the Parties denounces it.
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.
Conclusion
Done at Brussels on the twenty-fifth day of November in the year one thousand nine hundred and ninety-seven.
The Council of the European Union
The Republic of Yemen
Attachments
Annex I
Declaration on Article 18: Non-exclusion 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 the 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.
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.