Convention amending the Treaty establishing the European Economic Community, with a view to making applicable to the Netherlands Antilles the special regime of association defined in part IV of the said Treaty

Convention^[1] amending the Treaty establishing the European Economic Community, with a view to making applicable to the Netherlands Antilles the special regime of association defined in part IV of the said Treaty (with Protocol and Final Act)

Concluded at Brussels on 13 November 1962

Authentic texts: French, German, Italian and Dutch.

Registered by Italy on 23 June 1987

[Official translation^[2] — Traduction officielle^[3]]

H.M. the King of the Belgians, the President of the Federal Republic of Germany, the President of the French Republic, the President of the Italian Republic, H.R.H. the Grand Duchess of Luxembourg, H.M. the Queen of the Netherlands,

Taking into consideration the Treaty setting up the European Economic Community signed in Rome on 25th March 1957, and also the Declaration of Intention in regard to the Association of the [Dutch West Indies]^[4] to the Community made on the same day by their Governments and appended to 3 the Final Act of the inter-Governmental Conference for the Common Market and EURATOM,

Being desirous of bringing the Economic Association of the Dutch West Indies with the European Economic Community, requested by the Kingdom of the Netherlands, within the application of the special system defined in Part Four of the Treaty together with special provisions regarding imports into the Community of petroleum products refined in the Dutch West Indies,

Having regard to the favourable Opinion of the Council dated 22nd October 1962 arrived at after consulting the Assembly and the Commission,

Have decided to that end to amend the Treaty setting up the European Economic Community in accordance with the provisions of Article 236 thereof, and have to that end appointed as their plenipotentiaries:

H.M. the King of the Belgians: M. Henri Fayat, Minister attached to Foreign Affairs

The President of the Federal Republic of Germany: M. Rolf Lahr, Secretary of State in the Ministry of Foreign Affairs

The President of the French Republic: M. Jean-Marc Boegner, Ambassador, President of the French Delegation at the Conference

The President of the Italian Republic: M. Carlo Russo, Under-Secretary of State in the Ministry of Foreign Affairs

H.R.H. the Grand Duchess of Luxembourg: M. Eugene Schaus, Vice-President of the Government and Minister for Foreign Affairs

H.M. the Queen of the Netherlands: M. H. R. van Houten, Secretary of State in the Ministry for Foreign Affairs;

M. W. F. M. Lampe, Plenipotentiary Minister for the Dutch West Indies

Who, having been convened by the President of the Council of the Community, and having exchanged their Full Powers, found in good and due form,

Have agreed as follows:

Article 1.

The Dutch West Indies shall be entered on the list in Annex IV of the Treaty setting up the European Economic Community. "The Protocol concerning goods originating in and coming from certain countries and enjoying special treatment upon importation into one of the Member States" therefore ceases to be applicable to that country.

As regards relations between that country, of the one part, and the Member States and Overseas Territories, of the other part, the system which results from the application of the Treaty on the date of entry into force of this Convention and which will afterwards result from it in respect of other Overseas Countries and Territories shall be applicable to the Dutch West Indies.

Article 2.

There shall be added to the Protocols appended to the Treaty setting up the European Economic Community, to form an integral part thereof, the following Protocol: "Protocol concerning imports into the European Economic Community of petroleum products refined in the Dutch West Indies", the text of which is appended hereto.

Article 3.

This Convention shall be ratified by the High Contracting Parties in accordance with their respective Constitutional Rules. The instruments of ratification shall be lodged with the Government of the Italian Republic.

This Convention shall come into force on the first day of the month following the lodging of the instrument of ratification of the last signatory State to carry out this formality. If, however, such lodging takes place less than fifteen days before the beginning of the following month, entry into force of the Convention is postponed until the first day of the second month following the date of the lodging of the instrument of ratification.

Article 4.

This Convention, drawn up in a single original in the German, French, Italian and Dutch languages, all four texts being equally authentic, shall be deposited in the archives of the Government of the Italian Republic, which shall transmit a certified copy to each of the Governments of the other signatory States.

In witness whereof the undersigned plenipotentiaries have placed their signatures below this Convention.

H. Fayat

R. Lahr

J. M. Boegner

C. Russo

E. Schaus

H. R. Van Houten, W. F. M. Lampe

Done at Brussels, the thirteenth day of November, one thousand nine hundred and sixty-two.

Protocol concerning imports into the European Economic Community of petroleum products refined in the Netherlands Antilles

The High Contracting Parties,

Being desirous of giving fuller details about the system of trade applicable to imports into the Community of petroleum products refined in the Netherlands Antilles,

Have agreed on the following provisions, which shall be annexed to this Treaty:

Article 1

This Protocol is applicable to petroleum products coming under the Combined Nomenclature headings 2710, 2711, 2712 (paraffin wax and petroleum wax), ex 2713 (paraffin residues) and 2714 (shale wax), imported for use in the Member States.

Article 2

Member States shall undertake to grant to petroleum products refined in the Netherlands Antilles the tariff preferences resulting from the Association of the latter with the Community, under the conditions provided for by this Protocol. These provisions shall hold good whatever may be the rules of origin applied by the Member States.

Article 3

1. When the Commission, at the request of a Member State or on its own initiative, establishes that imports into the Community of petroleum products refined in the Netherlands Antilles under the system provided for in Article 2 are giving rise to real difficulties on the market of one or more Member States, it shall adopt a European decision establishing that customs duties on the said imports shall be introduced, increased or reintroduced by the Member States in question, to such an extent and for such a period as may be necessary to meet that situation. The rates of the customs duties thus introduced, increased or reintroduced may not exceed the customs duties applicable to third countries for these same products.
2. The provisions of paragraph 1 can in any case be applied when imports into the Community of petroleum products refined in the Netherlands Antilles reach two million tonnes a year.
3. The Council shall be informed of European decisions adopted by the Commission in pursuance of paragraphs 1 and 2, including those directed at rejecting the request of a Member State. The Council shall, at the request of any Member State, assume responsibility for the matter and may at any time adopt a European decision to amend or revoke such decisions.

Article 4

1. If a Member State considers that imports of petroleum products refined in the Netherlands Antilles, made either directly or through another Member State under the system provided for in Article 2, are giving rise to real difficulties on its market and that immediate action is necessary to meet them, it may on its own initiative decide to apply customs duties to such imports, the rate of which may not exceed those of the customs duties applicable to third countries in respect of the same products. It shall notify its decision to the Commission, which shall within one month adopt a European decision establishing whether the measures taken by the State should be maintained or must be amended or cancelled. Article 3(3) shall be applicable to such decision of the Commission.
2. When the quantities of petroleum products refined in the Netherlands Antilles imported either directly or through another Member State, under the system provided for in Article 2, into a Member State or States exceed during a calendar year the tonnage shown in the Annex to this Protocol, the measures taken in pursuance of paragraph 1 by that or those Member States for the current year shall be considered to be justified. The Commission shall, after assuring itself that the tonnage fixed has been reached, formally record the measures taken. In such a case the other Member States shall abstain from formally placing the matter before the Council.

Article 5

If the Community decides to apply quantitative restrictions to petroleum products, no matter whence they are imported, these restrictions may also be applied to imports of such products from the Netherlands Antilles. In this case preferential treatment shall be granted to the Netherlands Antilles as compared with third countries.

Article 6

1. Articles 2 to 5 may be reviewed by the Council, by unanimous decision, after consulting the European Parliament and the Commission, when a common definition of origin for petroleum products from third countries and associated countries is adopted, or when decisions are taken within the framework of a common commercial policy for the products in question or when a common energy policy is established.
2. When such revision is made, however, equivalent preferences shall in any case be maintained in favour of the Netherlands Antilles in a suitable form and for a minimum quantity of 2 1/2 million tonnes of petroleum products. 3. The Community's commitments in regard to equivalent preferences as referred to in paragraph 2 may, if necessary, be broken down State by State taking into account the tonnage indicated in the Annex to this Protocol.

Article 7

For the implementation of this Protocol, the Commission is responsible for following the pattern of imports into the Member States of petroleum products refined in the Netherlands Antilles. Member States shall communicate to the Commission, which shall see that it is circulated, all useful information to that end in accordance with the administrative conditions recommended by it.

Annex

For the implementation of Article 4(2), the High Contracting Parties have decided that the quantity of 2 million tonnes of petroleum products from the Antilles shall be allocated among the following Member States as follows:

Germany	625 000 tonnes
Belgo/Luxembourg Economic Union	200 000 tonnes
France	75 000 tonnes
Italy	100 000 tonnes
Netherlands	1 000 000 tonnes

Final Act

The plenipotentiaries of His Majesty the King of the Belgians, the President of the Federal Republic of Germany, the President of the French Republic, the President of the Italian Republic, Her Royal Highness the Grand Duchess of Luxembourg, Her Majesty the Queen of the Netherlands, Having met at Brussels on 13 November 1962 in a conference of representatives of the Governments of Member States, with a view to amending the Treaty establishing the European Economic Community under the terms of article 236 thereof,

Have taken note of the following texts:

• The proposal submitted to the Council on 4 June 1962 by the Government of the Kingdom of the Netherlands concerning an amendment to the Treaty with a view to making applicable to the Netherlands Antilles the special regime of association defined in Part Four of the Treaty,
• The opinion adopted by the Assembly on 19 October 1962,
• The opinion, dated 10 September 1962, of the Commission of the European Economic Community,
• The favourable opinion, dated 22 October 1962, of the Council of the European Economic Community, with respect to the convening of a conference of representatives of the Governments of Member States for the purpose of bringing the Netherlands Antilles into association with the European Economic Community;

Have established the following texts:

• The Convention amending the Treaty establishing the European Economic Community, with a view to making applicable to the Netherlands Antilles the special regime of association defined in Part Four of the said Treaty,
• The Protocol concerning imports into the European Economic Community of petroleum products refined in the Netherlands Antilles and the Annex to the said Protocol.

At the time of signing these texts, the Conference adopted the following Declarations:

• Declaration relating to the regime governing trade between the Netherlands Antilles and the associated overseas States

  The representatives of the Governments of Member States have agreed, in light of the opinion submitted to the Council by the Commission, that the regime governing trade relations between the Netherlands Antilles and the associated overseas States shall be established by agreement with the said States.

• Declaration relating to the specific regime governing imports into the Community of petroleum products refined in the Netherlands Antilles

  The representatives of the Governments of Member States agree that, when the specific regime provided for in article 6 of the Protocol concerning imports into the European Economic Community of petroleum products refined in the Netherlands Antilles is established, account shall be taken of the need to ensure equivalent treatment for the Netherlands Antilles and for the other overseas countries and territories in association under the terms of Part Four of the Treaty establishing the Community.

Notes

1. Came into force on 1 October 1964, i.e., the first day of the month following the date of deposit of the last instrument of ratification by a signatory state, in accordance with article 3:

   State	Date of deposit of the instrument of ratification
   Netherlands	2 July 1963
   France	10 January 1964
   Belgium	12 March 1964
   Luxembourg	22 March 1964
   Germany, Federal Republic of	21 April 1964
   Italy	14 September 1964

2. Official translation supplied by the Government of Italy.
3. Traduction officielle fournie par le Gouvernement italien.
4. The term "Dutch West Indies" appears as "Netherlands Antilles" throughout the authentic French, German, Italian and Dutch texts.