Franco-Dutch treaty on Saint Martin border controls
Encyclopedia
The Franco-Dutch treaty on Saint Martin border controls, often called the Franco-Dutch Treaty (formally: Treaty between the Kingdom of the Netherlands and the French Republic on the control of persons entering Saint Martin through the airports) is a treaty between the Kingdom of the Netherlands
and France
aimed at improving border controls at the two airports on the island of Saint Martin
, which is composed of the Dutch Sint Maarten and the French Collectivity of Saint Martin.
The airports concerned are Princess Juliana International Airport
and L'Espérance Airport
.
, and is drawn up in both a French and Dutch original.
, which said that the treaty would have negative effects on Sint Maarten's tourist industry, initially blocked the ratification. There had also been objections about the authority of the committee (see below). The parliament of the Kingdom of the Netherlands decided in 1999 to hold off ratification until Sint Maarten made its position clear. Sint Maarten's position was never made clear. After France put pressure on the Dutch government, the treaty was eventually ratified in 2006, much to the dismay of the leader of the People's Progressive Alliance
.
The treaty allows for joint border controls to be carried out at the airports of Saint Martin. The treaty specifies that in order for an alien to be admitted to Saint Martin, he needs to have a visa (or a landing permit) for both the Dutch side and the French side. This has caused some controversy on the Dutch side, as that part has a more relaxed visa regime. The French part is an outermost region
of the European Union
and thus uses its visa list
.
Originally, this caused nationals from thirteen countries in the Caribbean region to require visa to land on Princess Juliana Airport which they did not require before. After negotiations, France agreed to limit the additional visa requirements to four countries in the region: Dominica
, Jamaica
, Guyana
and Suriname
. There are negotiations to remove Suriname from the list as well.
Joint border controls will be executed at risk flights at both airports. The committee and the working group that have been established by article 13 will draw up a list of flights to be subjected to joint border control. Both the committee and the working group are composed of representatives from both sides and meet once a year.
Implementation is held back by Sint Maarten, whose governor Sarah Wescot-Williams
said that implementation will harm tourist interests. The treaty was to be implemented on 1 April 2009, but it was postponed as the working group was still not installed.
As of October 2010, the treaty is still not implemented.
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...
and 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...
aimed at improving border controls at the two airports on the island of Saint Martin
Saint Martin
Saint Martin is an island in the northeast Caribbean, approximately east of Puerto Rico. The 87 km2 island is divided roughly 60/40 between France and the Kingdom of the Netherlands ; however, the Dutch side has the larger population. It is one of the smallest sea islands divided between...
, which is composed of the Dutch Sint Maarten and the French Collectivity of Saint Martin.
The airports concerned are Princess Juliana International Airport
Princess Juliana International Airport
Princess Juliana International Airport serves the Dutch part of the island of Sint Maarten. In 2007, the airport handled 1,647,824 passengers and 103,650 aircraft movements. The airport serves as a hub for Windward Islands Airways and is the major gateway for the smaller Leeward Islands,...
and L'Espérance Airport
L'Espérance Airport
L'Espérance Airport , also known as Grand Case Airport , is a public use airport located in Grand Case, on the French side of the Caribbean island of Saint Martin...
.
History
The treaty was signed on 17 May 1994 in ParisParis
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
, and is drawn up in both a French and Dutch original.
Ratification
Ratification proved to be difficult in the Netherlands. An advice from the Estates of the Netherlands AntillesEstates of the Netherlands Antilles
The Estates of the Netherlands Antilles were the parliament of the Netherlands Antilles. They had 22 members, elected for a four year term in three multi-seat constuencies and 2 single-seat constuencies. On 10 October 2010 the Netherlands Antilles were dissolved, and so were their Estates.-2010...
, which said that the treaty would have negative effects on Sint Maarten's tourist industry, initially blocked the ratification. There had also been objections about the authority of the committee (see below). The parliament of the Kingdom of the Netherlands decided in 1999 to hold off ratification until Sint Maarten made its position clear. Sint Maarten's position was never made clear. After France put pressure on the Dutch government, the treaty was eventually ratified in 2006, much to the dismay of the leader of the People's Progressive Alliance
People's Progressive Alliance
The People's Progressive Alliance is a political party in Sint Maarten, the Netherlands Antilles.At the legislative elections in the Netherlands Antilles of 27 January 2006, the party won no seats....
.
| Signatory | Conclusion date | Institution | AB Abstention Abstention is a term in election procedure for when a participant in a vote either does not go to vote or, in parliamentary procedure, is present during the vote, but does not cast a ballot. Abstention must be contrasted with "blank vote", in which a voter casts a ballot willfully made invalid by... |
Entry into force | Ref. | ||
|---|---|---|---|---|---|---|---|
 Netherlands |
14 September 2006 | House of Representatives | 130 | 0 | 0 | 1 August 2007 | |
| 17 October 2006 | Senate | 66 | 0 | 0 | |||
| 20 October 2006 | Royal Assent Monarchy of the Netherlands The Netherlands has been an independent monarchy since 16 March 1815, and has been governed by members of the House of Orange-Nassau since.-Constitutional role and position of the monarch:... |
Granted | |||||
 Early Modern France |
13 July 1995 | National Assembly | ? | ? | ? | ||
| 21 July 1995 | Senate | ? | ? | ? | |||
| 27 July 1995 | Presidential Assent | Granted | |||||
Entry into force and implementation
Article 18 specifies that the treaty enters into force on the first day of the third month following a written declaration of both parties that the constitutional ratification procedure has been completed. The treaty entered into force on 1 August 2007.Provisions
Outermost region
An outermost region is a region which is part of a European Union Member State, is situated outside of Europe and is fully part of the EU. There are nine of them: six French, two Portuguese and one Spanish.-External link:*...
of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
and thus uses its visa list
European Union visa lists
All European Union member states, with the exception of Ireland and the United Kingdom, have a unified visa system as part of the Schengen Area. Three non-member states—Iceland, Norway and Switzerland—are also part of the Schengen area and also implement the unified system...
.
Originally, this caused nationals from thirteen countries in the Caribbean region to require visa to land on Princess Juliana Airport which they did not require before. After negotiations, France agreed to limit the additional visa requirements to four countries in the region: Dominica
Dominica
Dominica , officially the Commonwealth of Dominica, is an island nation in the Lesser Antilles region of the Caribbean Sea, south-southeast of Guadeloupe and northwest of Martinique. Its size is and the highest point in the country is Morne Diablotins, which has an elevation of . The Commonwealth...
, Jamaica
Jamaica
Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...
, Guyana
Guyana
Guyana , officially the Co-operative Republic of Guyana, previously the colony of British Guiana, is a sovereign state on the northern coast of South America that is culturally part of the Anglophone Caribbean. Guyana was a former colony of the Dutch and of the British...
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...
. There are negotiations to remove Suriname from the list as well.
Joint border controls will be executed at risk flights at both airports. The committee and the working group that have been established by article 13 will draw up a list of flights to be subjected to joint border control. Both the committee and the working group are composed of representatives from both sides and meet once a year.
Implementation is held back by Sint Maarten, whose governor Sarah Wescot-Williams
Sarah Wescot-Williams
Sarah Wescot-Williams is the leader of the Democratic Party of Sint Maarten and the first Prime Minister of Sint Maarten. Even though her party only managed to secure two seats in the Sint Maarten general election of 2010, she was selected as Prime Minister in the coalition agreement between United...
said that implementation will harm tourist interests. The treaty was to be implemented on 1 April 2009, but it was postponed as the working group was still not installed.
As of October 2010, the treaty is still not implemented.
See also
- Treaty of ConcordiaTreaty of ConcordiaThe Treaty of Concordia was signed on March 23, 1648 between the French and the Dutch. The signing took place atop Mount Concordia. Based on the terms of the agreement, the island of Saint Martin was to be divided between the French Kingdom and the Dutch Republic and that the peoples of St.Martin...
- Visa policy in the European Union
- Visa policy of the Kingdom of the Netherlands in the Caribbean