CONVENTION 
to amend the Treaty setting up 
the European Economic Community 
with the object of making the special system of 
Association defined in Part Pour of that Treaty 
applicable to the Netherlands Antilles 
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HIS MAJESTY THE KING OP 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 -
TAKING INTO CONSIDERATION the Treaty setting up the European 
Economic Community signed in Rome on 25 March 1957, and also 
the Declaration of Intention in regard to the Association of 
the Netherlands Antilles to the Community made on the same 
day by their Governments and appended to the Final Act of the 
inter-Governmental Conference for the Common Market and 
Euratom, 
BEING DESIROUS of bringing the economic association of the 
Netherlands Antilles with the European Economic Community, 
requested by the Kingdom of the Netherlands, within the 
application of the special system defined in Part IV of the 
Treaty together with special provisions regarding imports 
into the Community of petroleum products refined in the 
Netherlands Antilles, 
HAVING REGARD to the favourable opinion of the Council dated 
22 October 1962 arrived at after consulting the Assembly and 
the Commission -
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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: 
HIS MAJESTY THE KING OP THE BELGIANS: 
M« Henri Fayat, Minister attached to Foreign Affairs; 
THE PRESIDENT OP THE FEDERAL REPUBLIC OP 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 for 
Foreign Affairs; 
HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG: 
M. Eugene Schaus, Vice-President of the Government and 
Minister for Foreign Affairs; 
HER MAJESTY 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 Netherlands 
Antilles 
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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 Netherlands Antilles 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 
Netherlands Antilles* 
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 Netherlands Antilles" the 
text of which is appended hereto* 
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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* 
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IN WITNESS WHEREOF the undersigned plenipotentiaries have 
placed their signatures below this Convention. 
DONE at Brussels, the thirteenth day of November, one 
thousand nine hundred and sixty-two. 
(s.) H. PAYAT 
(s. 
(s. 
(s. 
(s. R. LAHR 
J.M. BOEGNER 
C. RUSSO 
E. SCHAUS 
(s.) H.R. VAN HOUTEN W.P.M. LAMPE 
CAN/e/6 
PROTOCOL 
concerning imports into the 
European Economic Community 
of petroleum products refined 
in the Netherlands Antilles 
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THE HIGH CONTRACTING PARTIES -
BEING DESIROUS of giving fuller details about the system of 
trade applicable to imports into the European Economic 
Community of petroleum products refined in the Netherlands 
Antilles -
HAVE AGREED on the following provisions to be appended to 
that Treaty: 
Article 1 
This Protocol is applicable to petroleum products 
coming under the Brussels Nomenclature numbers 27«10, 27«11» 
27»12, ex 27«13 (paraffin wax, petroleum or shale wax and 
paraffin residues) and 27*14, imported for use in 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 in 
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 above 
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are giving rise to real difficulties on the market of one 
or more Member States, it shall decide that Customs duties 
on the said imports shall be introduced, increased or re­
introduced 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 intro­
duced, increased or re-introduced 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 metric tons a year. 
3» The Council shall be informed of decisions taken 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 
amend or revoke them by a decision taken by a qualified 
majority. 
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 above, 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 
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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 decide 
within one month whether the measures taken by the State 
should be maintained or must be amended or cancelled* The 
provisions of Article 3 (3) shall be applicable to such 
decision of the Commission0 
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 above, into a Member State or States of the EEC 
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 res­
trictions 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 such a 
case preferential treatment shall be granted to the 
Netherlands Antilles as compared with third countries* 
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Article 6 
1* The provisions of Articles 2 to 5 shall be reviewed by 
the Council, by unanimous decision, after consulting the 
Assembly 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 must in any case be maintained in favour of the 
Netherlands Antilles in a suitable form and for a minimum 
quantity of 2£ million metric tons of petroleum products* 
3« The Community's commitments in regard to equivalent 
preferences as mentioned in paragraph 2 of this Article may, 
if necessary, be broken down country by country 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* 
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IN WITNESS WHEREOF the undersigned plenipotentiaries have 
placed their signatures below this Protocol. 
DONE at Brussels, the thirteenth day of November, one 
thousand nine hundred and sixty-two. 
(s.) H. PAYAT 
(s. 
(s. 
(s. R. T.AHR 
J.M. BOEGNER 
C. RUSSO 
(s.) E. SCHAUS 
(s.) H.R. VAN HOUTEN W.P.M. LAMPE 
CAN/e/12 
ANNEX TO THE HIOTOCOL 
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For the implementation of Article 4 (2) of the Protocol 
concerning imports into the European Economic Community of 
petroleum products refined in the Netherlands Antilles, the 
High Contracting parties have decided that the quantity of 
2 million metric tons of petroleum products from the 
Antilles shall be allocated among the Member States as 
follows: 
Germany 625,000 metric tons 
Belgo/Luxembourg 
Economic Union 200,000 metric tons 
Prance 
Italy 
Netherlands 75,000 metric tons 
100,000 metric tons 
1,000,000 metric tons 
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PINAL ACT 
CAN/e/15 
The plenipotentaries 
OP HIS MAJESTY THE KING OP THE BELGIANS, 
OP THE PRESIDENT OP THE FEDERAL REPUBLIC OP GERMANY, 
OP THE PRESIDENT OP THE FRENCH REPUBLIC, 
OF THE PRESIDENT OF THE ITALIAN REPUBLIC, 
OF HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG, 
OF HER MAJESTY THE QUEEN OF THE NETHERLANDS, 
assembled at Brussels on the 13th November 1962, at a 
Conference of the Representatives of the Governments of 
the Member States for the purpose of amending the Treaty-
setting up the European Economic Community in accordance 
with the terms of Article 236 thereof, 
HAVE TAKEN FORMAL NOTE of the following documents: 
- Draft submitted to the Council on 4th June 1962 by the 
Government of the Kingdom of the Netherlands for amend­
ment of the Treaty with a view to making the special 
system of Association defined in Part Four of the Treaty 
applicable to the Netherlands Antilles, 
- Opinion adopted by the Assembly on 19th October 1962, 
- Opinion dated 10th September 1962 of the Commission of 
the European Economic Community, 
- Opinion dated 22nd October 1962 of the Council of the 
European Economic Community in favour of a meeting of a 
Conference of Representatives of the Governments of the 
Member States in respect of the Association of the 
Netherlands Antilles to the European Economic Community; 
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HAVE ADOPTED the following documents: 
- Convention to amend the Treaty setting up the European 
Economic Community with the object of making the special 
system of Association defined in Part Four of that Treaty 
applicable to the Netherlands Antilles, 
- Protocol concerning imports into the European Economic 
Community of petroleum products refined in the Netherlands 
Antilles, and Annex to this Protocol* 
AT THE TIME of signing these documents, the Conference has 
adopted the following Declarations: 
- Declaration concerning the trade system between the 
Netherlands Antilles and the Associated Overseas States: 
The Representatives of the Governments of the Member 
States are in agreement, in view of the Opinion submitted 
to the Council by the Commission, that the system of com­
mercial relations between the Netherlands Antilles and the 
Associated Overseas States shall be determined in agreement 
with those States* 
- Declaration regarding the definitive system for imports 
into the Community of petroleum products refined in the 
Netherlands Antilles, 
The Representatives of the Governments of the Member 
States agree that when the definitive system, provided for 
in Article 6 of the [Protocol concerning imports into the 
European Economic Community of petroleum products refined 
in the Netherlands Antilles, is determined, account shall 
be taken of the necessity of seeing that equivalent treat­
ment is given to the Netherlands Antilles and to other 
Associated Overseas Countries and Territories in pursuance 
of Part Pour of the Treaty setting up the Community* 
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IN WITNESS WHEREOF the landersigned plenipotentiaries nave 
placed their signatures below this Pinal Act. 
DONE at Brussels, the thirteenth day of November, one 
thousand nine hundred and sixty-two. 
(s. 
(s. 
(s. 
(s. H. PAYAT 
R. LAHR 
J.M. BOEGNER 
C. RUSSO 
(s.) E. SCHAUS 
(s.) H.R. VAN HOUTEN, W.P.M. LAMPE 
CAN/e/19