Convention on the association of the Netherlands Antilles with the European Economic Community
Encyclopedia
The Convention on the association of the Netherlands Antilles with the European Economic Community is an international agreement
amending the Treaty establishing the European Economic Community, with the aim of awarding OCT status to the Netherlands Antilles
, which was a constituent country
of the Kingdom of the Netherlands
from 1954 until 2010. A full treaty revision was needed because Belgium
, France
, Germany
, Italy
, and Luxembourg
wanted to add a protocol on the import of refined petroleum products from the Netherlands Antilles.
, proclaimed in 1954, instituted a Kingdom in which the three parties—the Netherlands
, the Netherlands Antilles, and Suriname
—participated on basis of equality, the Netherlands in 1957 only negotiated the Treaties of Rome on behalf of itself. A special protocol attached to both the Treaty establishing the European Economic Community and the Treaty establishing the European Atomic Economic Energy Community specifically declared that the Kingdom was entitled to ratify the treaties for the Netherlands and Netherlands New Guinea
only, or for the Kingdom as a whole. Both treaties were indeed subsequently ratified for the Netherlands and Netherlands New Guinea only. A Declaration of Intent on the association of Surinam and the Netherlands Antilles with the European Economic Community, however, was attached to the Final Act of the Intergovernmental Conference
for the Common Market and EURATOM:
Suriname became already associated with the European Economic Community on 1 September 1962, by virtue of a Supplementary Act completing the instrument of ratification of the Kingdom of the Netherlands. This was possible, because the protocol attached to the EEC Treaty did not oblige the Kingdom of the Netherlands to only ratify on behalf of the Netherlands and Netherlands New Guinea, but rather established that it was entitled to do so. Applying the treaty to the Netherlands Antilles by Supplementary Act to the instrument of ratification turned out to be an impossibility, as the other five Member States of the Community wanted some safeguards with regard to the import of petroleum products refined in the islands, and thus a full treaty revision according to Article 236 of the EEC Treaty had to be negotatiated.
, the Assembly
, and the Council
on 10 September, 19 October, and 22 October, respectively. An Intergovernmental Conference was convened on 13 November, which signed the Convention.
The actual Convention consists of four articles, the first of which establishes that the Netherlands Antilles shall be added to the list in Annex IV of the Treaty establishing the European Economic Community (now Annex II). Article 2 adds another protocol to the EEC Treaty, named Protocol concerning imports into the European Economic Community of petroleum products refined in the Netherlands Antilles. Article 3 concerns the ratification and article 4 the authentic versions of the text.
:
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
amending the Treaty establishing the European Economic Community, with the aim of awarding OCT status to the Netherlands Antilles
Netherlands Antilles
The Netherlands Antilles , also referred to informally as the Dutch Antilles, was an autonomous Caribbean country within the Kingdom of the Netherlands, consisting of two groups of islands in the Lesser Antilles: Aruba, Bonaire and Curaçao , in Leeward Antilles just off the Venezuelan coast; and Sint...
, which was a constituent country
Constituent country
Constituent country is a phrase sometimes used in contexts in which a country makes up a part of a larger entity. The term constituent country does not have any defined legal meaning, and is used simply to refer to a country which is a part Constituent country is a phrase sometimes used in contexts...
of the Kingdom of the Netherlands
Kingdom of the Netherlands
The Kingdom of the Netherlands is a sovereign state and constitutional monarchy with territory in Western Europe and in the Caribbean. The four parts of the Kingdom—Aruba, Curaçao, the Netherlands, and Sint Maarten—are referred to as "countries", and participate on a basis of equality...
from 1954 until 2010. A full treaty revision was needed because Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, and Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
wanted to add a protocol on the import of refined petroleum products from the Netherlands Antilles.
Background
Because the Charter for the Kingdom of the NetherlandsCharter for the Kingdom of the Netherlands
The Charter for the Kingdom of the Netherlands describes the political relationship between the four different countries which form the Kingdom of the Netherlands: Aruba, Curaçao, and Sint Maarten in the Caribbean and the Netherlands in Europe...
, proclaimed in 1954, instituted a Kingdom in which the three parties—the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, the Netherlands Antilles, and Suriname
Suriname
Suriname , officially the Republic of Suriname , is a country in northern South America. It borders French Guiana to the east, Guyana to the west, Brazil to the south, and on the north by the Atlantic Ocean. Suriname was a former colony of the British and of the Dutch, and was previously known as...
—participated on basis of equality, the Netherlands in 1957 only negotiated the Treaties of Rome on behalf of itself. A special protocol attached to both the Treaty establishing the European Economic Community and the Treaty establishing the European Atomic Economic Energy Community specifically declared that the Kingdom was entitled to ratify the treaties for the Netherlands and Netherlands New Guinea
Netherlands New Guinea
Netherlands New Guinea refers to the West Papua region while it was an overseas territory of the Kingdom of the Netherlands from 1949 to 1962. Until 1949 it was a part of the Netherlands Indies. It was commonly known as Dutch New Guinea...
only, or for the Kingdom as a whole. Both treaties were indeed subsequently ratified for the Netherlands and Netherlands New Guinea only. A Declaration of Intent on the association of Surinam and the Netherlands Antilles with the European Economic Community, however, was attached to the Final Act of the Intergovernmental Conference
Intergovernmental Conference
An Intergovernmental Conference is the formal procedure for negotiating amendments to the founding treaties of the European Union. Under the treaties, an IGC is called into being by the European Council, and is composed of representatives of the member states, with the Commission, and to a lesser...
for the Common Market and EURATOM:
Suriname became already associated with the European Economic Community on 1 September 1962, by virtue of a Supplementary Act completing the instrument of ratification of the Kingdom of the Netherlands. This was possible, because the protocol attached to the EEC Treaty did not oblige the Kingdom of the Netherlands to only ratify on behalf of the Netherlands and Netherlands New Guinea, but rather established that it was entitled to do so. Applying the treaty to the Netherlands Antilles by Supplementary Act to the instrument of ratification turned out to be an impossibility, as the other five Member States of the Community wanted some safeguards with regard to the import of petroleum products refined in the islands, and thus a full treaty revision according to Article 236 of the EEC Treaty had to be negotatiated.
Amendments
The Kingdom of the Netherlands proposed a treaty revision on 4 June 1962. This proposal was met with favourable responses from the CommissionEuropean Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
, the Assembly
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
, and the Council
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
on 10 September, 19 October, and 22 October, respectively. An Intergovernmental Conference was convened on 13 November, which signed the Convention.
The actual Convention consists of four articles, the first of which establishes that the Netherlands Antilles shall be added to the list in Annex IV of the Treaty establishing the European Economic Community (now Annex II). Article 2 adds another protocol to the EEC Treaty, named Protocol concerning imports into the European Economic Community of petroleum products refined in the Netherlands Antilles. Article 3 concerns the ratification and article 4 the authentic versions of the text.
Ratification
The treaty entered into force on 1 October 1964, the first day of the month following the date of deposit of the last instrument of ratification by a signatory state, in this case ItalyItaly
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
:
| Signatory | Date of deposit of the instrument of ratification |
|---|---|
 Netherlands |
2 July 1963 |
 Early Modern France |
10 January 1964 |
 Belgium |
12 March 1964 |
 Luxembourg |
22 March 1964 |
 Germany |
21 April 1964 |
 Italy |
14 September 1964 |