BENELUX

Multilateral in force

INTRODUCTION

The Benelux Union is a politico-economic union of Belgium, the Netherlands, and Luxembourg. The close economic ties between these neighbouring countries have historically driven them to pursue cross-border collaboration. In 1944, the governments-in-exile of the three nations signed the Netherlands–Belgium–Luxembourg Customs Convention, facilitating cross-border trade. In 1958, these developments culminated in the signing of the Treaty Establishing the Benelux Economic Union, which established full free movement between the three countries. The treaty came into force on 1 November 1960.

The preamble of the 1958 Treaty states that the contracting countries are determined to strengthen their economic ties through the free movement of persons, goods, capital, and services. The second article of the treaty establishes that the nationals of the Contracting Parties may freely enter and exit the territory of any other Contracting Party. It also stipulates that the beneficiaries shall receive equal treatment with nationals regarding, among other things, freedom of movement, sojourn and settlement, economic activity, and social security. Articles 55 and 56 specify that the contracting parties shall conclude a convention to further regulate the free movement of persons as well as the treatment of beneficiaries. This resulted in the establishment of the Agreement on the implementation of Articles 55 and 56 of the Treaty establishing the Benelux Economic Union, which came into force on 1 October 1963.

The 1958 treaty was complemented by the Labour Convention between Belgium, Luxembourg, and the Netherlands of 1956, which also came into force on 1 November 1960. The convention stipulates that all nationals of the contracting parties can access the labour market of those parties without a work permit. Additionally, the convention provides for equal treatment with nationals regarding remuneration and unemployment benefits.

The 1958 treaty was superseded by the Treaty establishing the Benelux Union, which came into force on 1 January 2012. However, the fourth article of the treaty stipulated that the rights and duties arising from Part I and Part III of the 1958 treaty (which cover, among other things, the free movement of persons) shall remain in effect unless otherwise specified.

The relevance of the Benelux provisions concerning free movement has gradually diminished due to the expansion of free movement provisions of the European Economic Union, and later the European Union, of which the Netherlands, Belgium, and Luxembourg were founding members. Nevertheless, the Benelux free movement provisions remain in force and continue to be relevant in practice when they grant more extensive rights than the EU free movement regime. The Benelux Union has a special status in EU law and possesses the right to initiate cooperation that exceeds the scope of EU law integration (Article 350 of the Treaty on the Functioning of the EU (TFEU)).

MEMBER STATES

BELGIUM
LUXEMBOURG
THE NETHERLANDS

HEADQUARTERS

Brussels, Belgium

DATE OF CREATION

3 February 1958

TIMELINE

1958	Adoption of the Treaty Establishing the Benelux Economic Union on 3 February.
1960	Entry into force of the Treaty Establishing the Benelux Economic Union on 1 November. Free movement is introduced between the three Benelux Member States.
2012	The Benelux Economic Union is renamed the Benelux Union and a revised Benelux treaty comes into force on 1 January.

KEY LEGAL DOCUMENTS

Treaty instituting the BENELUX Economic Union, 3 February 1958 (English official translation). Entry into force 1 November 1960 [Traité instituant l'Union économique Benelux]. French, Dutch and English Official version. English only.

Treaty revising the Treaty Establishing the Benelux Economic Union, 17 June 2008, entry into force 01 January 2012 [Traité portant révision du Traité instituant l'Union Economique Benelux signé le 3 février 1958 (Texte authentique)].

Labour Treaty (with Protocol of Signature and Protocol), 7 June 1956, entered into force on 1 November 1960.

Convention of Application of Articles 55 and 56 of the Treaty establishing the Benelux Economic Union, 19 September 1960, entered into force on 1 October 1963.