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Towards a New Benelux Treaty
On 1 November 2010 the present Benelux Economic Union, as signed on 3 February 1958 in the Hague, will end (Nederlands Tractatenblad 1958, art. 18). However, as stipulated in article 99, this Benelux-Treaty will remain effective during succeeding periods of ten (10) years unless one of the Parties notifies the other Parties of its intention to terminate the Treaty at least one (1) year before the end of the pertaining period of effectiveness.
In Belgium, the Netherlands and Luxembourg discussions have started with regard to the future of the Benelux. Questions concerning for which domains the Benelux still offers an added value with regard to existing structures such as (specifically) the EU, the relationship between the Benelux as a political platform and as an organization (Benelux Economical Union) as well as the role of the Secretariat General in Brussels, the Benelux Parliament and the Benelux Court of Justice, need to be answered.
The purpose of the Committee New Benelux is to pursue whether the three Member States Belgium, Netherlands and Luxembourg will indeed decide to extend and enhance the present Treaty. The general perception is that the Parties will need the year 2009 to conclude the terms of a renewed Treaty allowing for the review - approval and undersigning process in early 2010.
It appears practical to maintain the nucleus of the present Treaty, to eliminate from it those matters that have in the meantime been taken over by the EU and to include existing agreements such as the Agreement on Cross Border Police Cooperation, the Scheldt Treaty etc.[1] and to add new domains of cooperation such as immigration, security, the fight against organized crime, energy and political cooperation.
Challenge: Political Cooperation
This topic political cooperation is emphasized by the Committee New Benelux because of the fact that, at the level of the Council of Ministers, the Benelux possesses as many votes (29) as the four largest Member States (United Kingdom, France, Germany and Italy).
(Belgium has 12 votes, The Netherlands has 13 votes and Luxembourg has 4 votes). On this basis the Benelux could repeat its initiating role with regard to a Political Union in the same manner as there is now an Economical Union and a Monetary Union. It is preferred that such a Benelux Political Union would no longer function on an ad-hoc basis but that this form of cooperation would be institutionalized and become part of the renewed Benelux-Treaty. The underlying agreements would certainly within a European context need to be binding also for successive Governments. There are at least three strong motives[2] for such a structural strengthening of the Benelux Member States as follows:
1) Threat of being marginalized: First of all the perspective of expansion of the European Union: The quantum leap from 15 to 27 or more Member States means a relative diminishing of the position of the original Member States. The prospect of degradation from founding father to only one of roughly 27 Member States is specifically for smaller countries like Belgium, the Netherlands and Luxemburg not attractive at all. Apart from the threatening aspect of marginalization, the aspect of expansion of the EU offers sufficient motivation to enhance the options for cooperation in order to be heard by the ever increasing number of Member States.
2) Counterweight for the Largest Member States: It is clear that the largest Member States tend to take the lead within the European Union. Such a more manifest role is characteristic for the present state of the integration process. This observation is specifically valid for security policies and military ambitions of the European Union. Given the intergovernmental framework within which these domains need to be addressed under the present circumstances, successful implementation depends critically on acceptance of the special responsibilities by the largest Member States. But specifically in that light, it would only for the good if the joint voice of the Benelux Member States could prevent a too high-handed behavior of the largest.
3) The importance of a strong communotaire structure; Last but not least reference is made to the discussion about the future of the European Union. The central issue is not (as some maintain) the establishment of a compulsory federal blueprint of the end game situation of the Union. Subject of the discussion should not be the question of the political finality but of the future direction of the integration process. The question is: do we go for an integration process that will be developed on strong intergovernmental lines or do we prefer a Union that is based on strong communal and supranational structures. The answer to this question is particularly relevant for smaller Member States such as Belgium, the Netherlands and Luxembourg. The classical experience is that smaller countries have a vested interest in a well balanced but certainly strong communal structure.
Maintaining the advantages of the Benelux
If the kernel of the present Benelux Treaty is maintained and the renewed Treaty is presented as an extension of the present one, the advantages which follow from the empowerment clause of Article 306 of the EU-treaty, can be maintained. This clause offers the three Benelux-partners options that other Member States and sub regional groups lack. Within the framework of cooperation the three Benelux Member States can go beyond the directives of the European Institutions and in as far as necessary and within the boundaries of proportionality they can even take measures against such directives. In doing so the Benelux-Countries can provide advantages for their citizens that other Member States lack.
Joining Political Forces
In brief, with regard to politics, the Benelux could enter a new era. Joining forces will enable the Benelux to operate as a political entity during negotiations within the European Union.
By taking the lead with regard to political cooperation, the Benelux may well inspire other smaller Member States to follow its example. In this respect we refer to the existing structures between Denmark, Norway and Sweden (The Nordic Council) and the Visegrad-Countries (Poland, Tjechie, Slovakia and Hungary) which might equally well be intensified.
In this way the Benelux could, together with other smaller Member States counterbalance the political ambitions of the large Member States.
Manifest Towards a new Benelux
The Committee New Benelux is an initiative of Prof. em. Dr. S.W. Couwenberg, Political Sciences and Public and Social Management, Erasmus University Rotterdam, Prof. Em. Dr. H. Gysels, Biology and Ecology University of Gent and mr. P. van Haute, Honorary Ambassador Brussels. The Committee presented the Manifest Towards a new Benelux to the Chairman of the Interparliamentary Benelux Council in March 2005. In the meantime this Manifest has been signed by a large number of scientists, politicians and representatives of a wide range of public and industrial organizations.
The text of the Manifest, along with further information about this initiative, can be found on the website of the Committee: www.benelux2010.com
During direct contacts with politicians and the press, the Committee requests attention and support for a renewed and prolonged Benelux-Treaty that will maintain what has been established and will pursue the challenges of the future.
Committee New Benelux
Secretariat
Tiensevest 90/202
B 3000 Leuven
peedirix@gmail.com
[1] Ref. Benelux Almanac
[2] Ref. Institute Clingendael; Strategic Studies: Prof. J. Rood
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