Handelsovereenkomst tussen het Koninkrijk der Nederlanden en de Belgisch-Luxemburgse Economische Unie, enerzijds, en Japan, anderzijds

During the course of the negotiations for the conclusion of the Agreement on Commerce, the Benelux Delegation and the Japanese Delegation exchanged their views on the invocation by the Benelux countries against Japan of Article XXXV of the General Agreement on Tariffs and Trade.

The Japanese Delegation expressed their regret that the General Agreement on Tariffs and Trade had not been applied between Japan and the Benelux countries.

To this, the Benelux Delegation stated that the reason for the invocation of Article XXXV was the apprehension felt in the Benelux countries for a possible disruption of the Benelux market by an abrupt increase in the volume, or excessive fluctuations in the price, of the imports from Japan and that the withdrawal of the invocation of Article XXXV was difficult unless such apprehension became groundless by some appropriate measures.

Accordingly, the Benelux Delegation stated that their Governments would undertake:
(a) to keep under constant review the possibility of withdrawing the invocation of Article XXXV in the light of the experiences which they would gain under the Agreement on Commerce, and to exchange views from time to time with the Government of Japan on this issue, and
(b) (1) to endeavour, cooperating with the Government of Japan, to attain a general und multilateral solution of the problem of “avoidance of market disruption” within the framework of the General Agreement on Tariffs and Trade, and
(2) to withdraw the invocation of Article XXXV against Japan as soon as a solution envisaged above, which is acceptable both to the Benelux countries and Japan could be achieved, and
(1) to endeavour, cooperating with the Government of Japan, to attain a general und multilateral solution of the problem of “avoidance of market disruption” within the framework of the General Agreement on Tariffs and Trade, and
(2) to withdraw the invocation of Article XXXV against Japan as soon as a solution envisaged above, which is acceptable both to the Benelux countries and Japan could be achieved, and
(c) to enter into discussion with the Government of Japan at an appropriate time well before the end of the three year period of the Agreement on Commerce to examine the possibility of applying the General Agreement on Tariffs and Trade between the Benelux countries and Japan, in case the multilateral solution referred to in above (b) should fail to materialize within the two year period after the date of coming into force of the Agreement on Commerce.

The Japanese Delegation appreciated the above statement made by the Benelux Delegation and stated that the Government of Japan would cooperate with the Governments of the Benelux countries in every possible way in order to move towards the application of the General Agreement on Tariffs and Trade between Japan and the Benelux countries.

With respect to customs duties and charges of any kind imposed on or in connection with importation or exportation or imposed on the international transfer of payments for imports or exports, and with respect to the method of levying such duties and charges, and with respect to all rules and formalities in connection with importation and exportation, and with respect to the application of internal taxes to exported goods and with respect to all internal taxes or other internal charges of any kind imposed on or in connection with imported goods and with respect to all laws, regulations and requirements affecting internal sale, offering for sale, purchase, distribution or use of imported goods, any advantage, favour, privilege or immunity which has been or may hereafter be granted by either Contracting Party to any product originating in or destined for any third country shall be accorded immediately and unconditionally to the like product originating in or destined for the other Contracting Party.

1. Neither Contracting Party shall impose restrictions or prohibitions on the importation of any product of the other Contracting Party, or on the exportation of any product to the territory of the other Contracting Party, unless the importation of the like product of, or the exportation of the like product to, all third countries is similarly restricted or prohibited.
2. Notwithstanding the provisions of the preceding paragraph, either Contracting Party may apply restrictions or controls on importation and exportation of goods that have effect equivalent to, or which are necessary to make effective, exchange restrictions applied pursuant to the Articles of Agreement of the International Monetary Fund.

Nothing in the present Agreement shall affect the rights and obligations that either Contracting Party has or may have as a contracting party to the General Agreement on Tariffs and Trade, so long as both Contracting Parties are contracting parties to the General Agreement on Tariffs and Trade.

The Contracting Parties agree to promote the availability of shipping-services to the commerce of the world without discrimination. To this end, they agree to encourage the removal of discriminatory action and unnecessary restrictions by governments affecting shipping engaged in international trade.

1. Each Contracting Party shall accord sympathetic consideration to representations made by the other Contracting Party on matters arising out of the operation of the present Agreement and shall afford to the other Contracting Party adequate opportunity for consultation.
2. Consultation shall in any event be held annually on the operation of the present Agreement.

1. Vervallen.
2. (a) The present Agreement shall not apply to Surinam and the Netherlands Antilles, respectively, until one month after the receipt by the Government of Japan of written notice of such application from the Government of the Kingdom of the Netherlands.
(b) The Government of the Kingdom of the Netherlands may, by giving three months written notice to the Government of Japan, terminate the application of the present Agreement to Surinam or the Netherlands Antilles at the end of the initial three year period mentioned in paragraph 2 of Article VII or at any time thereafter.

1. The present Agreement shall be ratified and the instruments of ratification shall be deposited with the Government of Japan. The Agreement shall come into force on the date when the third instrument of ratification has been deposited.
2. The present Agreement shall remain in force for a period of three years from its entry into force and shall continue in force thereafter provided that it shall be terminated on the date of expiry of the above-mentioned three year period or thereafter if the Government of either Contracting Party have previously given to the Government of the other Contracting Party at least three months written notice of their intention to terminate the present Agreement.