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Convention on the association of the Netherlands Antilles with the European Economic Community : ウィキペディア英語版
Convention on the association of the Netherlands Antilles with the European Economic Community

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.〔Paul Joan George Kapteyn and Pieter verLoren van Themaat - (Het recht van de Europese Unie en van de Europese Gemeenschappen ), page 66.〕
==Background==
Because the Charter for the Kingdom of the Netherlands, 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〔TREATY ESTABLISHING THE EEC - PROTOCOL ON THE APPLICATION OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY TO THE NON-EUROPEAN PARTS OF THE KINGDOM OF THE NETHERLANDS

,

, at the time of signature of the Treaty establishing the European Economic Community, to define the scope of the provisions of Article 227 of this Treaty in respect of the Kingdom of the Netherlands,

upon the following provisions, which shall be annexed to this Treaty:

The Government of the Kingdom of the Netherlands, by reason of the constitutional structure of the Kingdom resulting from the Statute of 29 December 1954, shall, by way of derogation from Article 227, be entitled to ratify the Treaty on behalf of the Kingdom in Europe and Netherlands New Guinea only.

Done at Rome this twenty-fifth day of March in the year one thousand nine hundred and fifty-seven.

(Treaty establishing the European Economic Community and connected documents )〕 and the Treaty establishing the European Atomic Economic Energy Community〔TREATY ESTABLISHING THE EAEC -€” PROTOCOL ON THE APPLICATION OF THE TREATY TO THE NON-EUROPEAN PARTS OF THE KINGDOM OF THE NETHERLANDS

,

, at the time of signature of the Treaty establishing the European Atomic Energy Community, to define the scope of the provisions of Article 198 of this Treaty in respect of the Kingdom of the Netherlands,

upon the following provisions, which shall be annexed to this Treaty:

The Government of the Kingdom of the Netherlands, by reason of the constitutional structure of the Kingdom resulting from the Statute of 29 December 1954, shall, by way of derogation from Article 198, be entitled to ratify this Treaty either on behalf of the Kingdom of the Netherlands in its entirety or on behalf of the Kingdom in Europe and Netherlands New Guinea. In the event of ratification being limited to the Kingdom in Europe and Netherlands New Guinea, the Government of the Kingdom of the Netherlands may at any time, by notification to the Government of the Italian Republic as depositary of the instruments of ratification, declare this Treaty also applicable either to Surinam, or to the Netherlands Antilles, or to both Surinam and the Netherlands Antilles.

Done at Rome this twenty-fifth day of March in the year one thousand nine hundred and fifty-seven.

(Treaty establishing the EAEC )〕 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.〔(Ratification Act for the EEC Treaty ), (Act ratifying the EAEC Treaty in the Netherlands (5 December 1957) )〕 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.〔"The provisions of Part Four of the Treaty were applied to Surinam, by virtue of a Supplementary Act of the Kingdom of the Netherlands to complete its instrument of ratification, from 1 September 1962 to 16 July 1976.", in: eur-lex.europa.eu - (Treaty establishing the European Community (consolidated version) - Text of the Treaty )〕 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 negotiated.〔Belgian Chamber of Representatives - (Exposé des Motif of the ratification of the Convention ) (in French and Dutch)〕

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