Benelux

Regional

What is left for a customs union whose members all sit inside the European Union? Article 350 of the EU treaties names Belgium, Luxembourg and the Netherlands and lets their regional union stand wherever its objectives are not reached by applying the treaties. The customs convention behind it dates from 5 September 1944. A trade mark still registers for all of them or none.

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3 countries

Common questions

Questions about Benelux

What is the Benelux?

A union of Belgium, Luxembourg and the Netherlands, running on a treaty concluded at The Hague on 17 June 2008 and in force since 1 January 2012. That treaty replaced the Treaty establishing the Benelux Economic Union of 3 February 1958, whose fifty year term ended on 31 October 2010, and it dropped the word Economic from the title because the work had spread into sustainable development and into justice and home affairs.

Why does the Benelux still exist inside the European Union?

Because the European treaties say it may. Article 350 of the Treaty on the Functioning of the European Union provides that the Treaties do not preclude the existence or completion of regional unions between Belgium and Luxembourg, or between Belgium, Luxembourg and the Netherlands, so far as the objectives of those unions are not attained by applying the Treaties. The Benelux treaty repeats the formula in its own Article 37 for the union between Belgium and Luxembourg.

Can a trade mark be registered for Belgium alone?

No. Under the Benelux Convention on Intellectual Property, signed on 25 February 2005 and in force from 1 September 2006, trade marks and designs are registered at the Benelux Office for Intellectual Property in The Hague for the whole Benelux territory. There is no separate Belgian, Luxembourgish or Dutch register to apply to.

Can a member leave the Benelux Union?

Article 39 of the treaty concludes it for an indefinite period and lets any party denounce it on three years' notice, counted from the day the Secretariat-General receives the notice. The same article withholds that right for the first ten years after entry into force, so the earliest date on which notice could be given was 1 January 2022.

Which languages does the Benelux Union work in?

Dutch and French, under Article 38 of the treaty. German is an official language of Belgium and of Luxembourg, and Luxembourgish is an official language of Luxembourg, and neither is an official language of the union's institutions.

Is the Benelux the same thing as the Schengen Area?

No, though one led to the other. A Benelux convention of 1960 moved control of persons to the outer frontier of the Benelux territory, and the agreement of 14 June 1985 that founded the Schengen Area was signed at Schengen in Luxembourg by Belgium, Luxembourg and the Netherlands together with France and Germany. Schengen now covers a far wider list of states and is governed by European Union law rather than by the Benelux treaty.

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