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Netherlands State Practice for the Parliamentary Year 1968–1969*)
Published online by Cambridge University Press: 07 July 2009
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- Section C: Documentation
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- Copyright © T.M.C. Asser Press 1970
References
1. Bijl. Hand. II 1968/69 - 9800 V No. 2 p. 9; repeated by the Prime Minister in the Second Chamber on October 10, 1968, see Hand. II 1968/69 p. 338.
2. Meeting of January 30, 1969, Bijl Hand. II 1968/69 - 9895 No. 10 p. 4–5.
3. Hand. II 1968/69 p. 686.
4. In the Standing Parliamentary Committee for Foreign Affairs, Hand. II 1968/69 B 34.
5. Reproduced in Aanh. Hand. II 1968/69 No. 375 p. 753.
6. Reply to written questions, February 7, 1969, Aanh. Hand. II 1968/69 No. 375 p. 753.
7. This is an Act concerning the whole Realm, and the passing of which needs the consent of the Surinam and Antillian Parliaments.
8. Reading: “Except in the case referred to in Article 63, the approval shall not be required:
a) if the agreement is one with respect to which this has been laid down by law,
b)…
…”
9. Hand. II 1968/69 p. 1583.
10. Statement of April 15, 1969, Hand. I 1968/69 p. 505.
11. Hand. II 1968/69 p. 390.
12. Statement of December 13, 1968, De Drieentwintigste Zitting van de Algemene Vergadering der Verenigde Naties (Ministry for Foreign Affairs publication No. 93, 1969) p. 336–338.Google Scholar
13. 107th Meeting, September 4, 1969, A/AC.125/SR 97–109 pp. 82–86.
14. Statement of December 16, 1968, De Drieentwintigste Zitting etc. p. 298.
15. Statement of June 26, 1969, Hand. II 1968/69 p. 3523–3524.
16. Bijl. Hand. II 1968/69 - 9800 V No. 2 p. 7.
17. Statement of November 19, 1968, in the General Assembly, De Drieentwintigste Zitting etc. p. 175.
18. Reading: … 2. Employees of an Allied Headquarters of categories agreed by the North Atlantic Council, shall be exempted from taxation on the salaries and emoluments paid to them by the Allied Headquarters in their capacity as such employees. Any Party to the present Protocol may, however, conclude an arrangement with the Allied Headquarters whereby such Party will employ and assign to the Allied Headquarters all of its nationals (except, if such Party so desires, any not ordinarily resident within its territory) who are to serve on the staff of the Allied Headquarters and pay the salaries and emoluments of such persons from its own funds, at a scale fixed by it. The salaries and emoluments so paid may be taxed by the Party concerned but shall be exempted from taxation by any other Party. If such an arrangement is entered into by any Party to the present Protocol.and is subsequently modified or terminated, Parties to the present Protocol shall no longer be bound under the first sentence of this paragraph to exempt from taxation the salaries and emoluments paid to their nationals.
19. Bijl. Hand. II 1968/69–9800 IX B No. 9 p. 2–3.
20. Bijl. Hand. II 1953/54–3373.
21. Statement of March 12, 1969, Hand. II 1968/69 p. 2277.
22. De Drieentwintigste Zitting etc. p. 163. In the Second Chamber the Prime Minister referred to this speech during the general political and financial debate on the 1969 draft budget, Hand. II 1968/69 p. 340.
23. Statement of November 4, 1968, De Drieentwintigste Zitting etc. p. 312.
24. Statement of June 30, 1969, in the Standing Parliamentary Committee for Foreign Affairs, Hand. II 1968/69 B 100–101.
25. The full text of the memorandum is reproduced in Aanh. Hand. II 1968/69 No. 88 p. 177.
26. The draft was adopted by the Committee and declared an “important matter” in the plenary meeting of the General Assembly where no two-third majority was reached.
27. De Drieentwintigste Zitting etc. p. 243.
28. Memorandum of Reply to the First Chamber from the Minister for Economic Affairs, concerning the 1969 draft budget for Economic Affairs, Bijl. Hand. I 1968/69 No. 103a p. 9.
29. Memorandum of Reply to the First Chamber, from the Minister for Foreign Affairs and the Minister in charge of Development Aid concerning the 1969 draft budget for Foreign Affairs Bijl. Hand. I 1968/69 No. 118a p. 7.
30. Ibid. p. 2.
31. Reading: “At the request of any of the High Contracting Parties the Council shall be immediately convened in order to permit them to consult with regard to any situation which may constitute a threat to peace, in whatever area this threat should arise, or a danger to economic stability”.
32. Statement in the Second Chamber, Hand. II 1968/69 p. 1935–1936.
33. Statement of February 27, 1969 in the Second Chamber, Hand. II 68/69 p. 1965.
34. Reading: “No Member State shall impose, directly or indirectly, on the products of other Member States any internal taxation of any kind in excess of that imposed directly or indirectly on similar domestic products.
Furthermore, no Member State shall impose on the products of other Member States any internal taxation of such a nature as to afford indirect protection to other products.
Member States shall, not later than at the beginning of the second stage, eliminate or amend any provisions existing when this Treaty comes into force which conflict with the above rules”.
35. Reply of the State-Secretary for Finance, September 26, 1968, to written questions, Aanh. Hand. II 1968/69 No. 25 p. 51.
36. Decision of July 25, 1967 on special measures for oleaginous products originating from the Associated African and Malagasy States or from the Overseas Countries and Territories, O.J. No. 173 of July 29, 1967, p. 14.
37. Bijl. Hand. II 1968/69 - 9829 No. 5 p. 1–3.
38. Reference is here made to a “Report concerning proceedings of the collectivity of the Member States of the Community and the proceedings of the Council, for which the Treaties do not provide” (European Parliament doc. 215/1968–1969 of March 12, 1969), and to the adoption of a resolution on the matter by the EuropeanParliament (Proceedings, May 8, 1969).
39. This annex is not reproduced here. It was later supplemented by an additional list, contained in the Government's Note to Parliament, dated September 8, 1969, Bijl. Hand. II 1968/69 - 9829 No. 9 p. 2. The whole list, as supplemented, gives information on the dates of the decisions, their form (e.g. Accord, Decision, Agreement, Internal Accord, Declaration, Conclusions, Resolution), short description of their subject-matter, their source of publication, and whether or not parliamentary approval have been given to the decision. The list contains 74 decisions, ranging from March, 1960, to February,1968. In Bijl. Hand. II 1968/69 - 9829 No. 8 the Parliamentary Committee charged with the bill of approval asked for additional information, which was given by the Government in the abovementioned Note of September 8, 1969.
40. e.g. Decision of the Representatives of the Member States meeting in the Council, concerning measures and procedures necessary for the implementation of the Agreement relating to the establishment of an association between the E.E.C. and Greece, July 9, 1961, O.J. 350/63.
41. In Bijl. Hand. II 1968/69 - 9829 No. 6–7 p. 12, an Annex IV lists fourteen such decisions, their dates, form, and source of publication.
42. Bijl. Hand. II 1968/69 - 9829 No. 6 pp. 3–4.
43. Bijl. Hand. II 1968/69 - 9829 No. 9 p. 1.
44. Statement of November 26, 1968 from the Minister in charge of Development Aid, in the Standing Parliamentary Committee for Foreign Affairs, Hand. II 1968/69 C 22.
45. Reply of January 23, 1969, from the Minister for Foreign Affairs, to written questions, Aanh. Hand. II 1968/69 No. 336 p. 675.
46. Statement of February 27, 1969, from the State-Secretary for Foreign Affairs in the Second Chamber, Hand. II 1968/69 p. 1960.
47. Statement of February 27. 1969, in the Second Chamber, Hand. II 1968/69 p. 1959. See also the Government's reply to the question why the treaty had not yet been submitted (May 1, 1969) to Parliament for approval, Bijl. Hand. I 1968/69 No. 118a p. 6.
48. Letter of February 26. 1969, Bijl. Hand. II 1968/69 - 10035 No. 1.
49. Final (Parliamentary) Report of the First Chamber Bijl. Hand. I 1968/69 No. 111.
50. Note to the First Chamber of May 6, 1969, Bijl. Hand. I 1968/69 No. 111a.
51. Note to the First Chamber of May 9, 1969, Bijl. Hand. I 1968/69 No 110a.
52. Cf. the measures taken in May 1968, Staatscourant of June 7, 1968, No. 109, p. 1.
53. See, e.g. Explanatory Memorandum to the draft 1969 budget for Social Affairs. Bijl. Hand. II 1968/69 - 9800 XV No. 2 p. 26–27; Communication of the Ministry for Social Affairs in Staatscourant of February 28, 1969 No. 42 p. 2.
54. Statement in the Second Chamber, Hand. II 1968/69 p. 2666. See also infra p. 252 ff.
55. Aanh. Hand. II 1968/69 No. 578 p. 1161.
56. Reply to written questions, March 27, 1969, Aanh. Hand. II 1968/69 No. 577 p. 1159.
57. The Aliens Act of January 13, 1965. See infra p. 253 ff
58. Aanh. Hand. II 1968/69 No. 578 p. 1161.
59. Debate of April 22, 1969.
60. Hand. II 1968/69 p. 2668–2669.
61. Ibid. Earlier, the following explanation was given by the Minister of Justice of the concept of “public peace” (openbare rust): “The term “public peace” has been included in the Aliens Act because the concept also appears in the Belgian and Luxemburg legislation on aliens. The Convention of April 11, 1960, on the removal of persons control to the outer borders of the Benelux territory (Trb. 1960 No. 40) uses similar provisions with regard to border control. The understanding in the two other Benelux countries of the term “public peace” will mostly coincide with the more current concept of “public order”. See Memorandum of Reply of December 30, 1968, Bijl. Hand. II 1968/69 -9666 No. 5 p. 2.
62. Statement of May 13, 1969 in the Second Chamber, Hand. II 1968/69 p. 2778.
63. Memorandum of Reply of December 20, 1968, on the draft 1969 budget for Justice, Bijl. Hand. II 1968/69 - 9800 VI No. 13 p. 5.
64. Statement in the Second Chamber by the Minister of Social Affairs on January 28, 1969, Hand. II 1968/69 p. 1366.
65. Statement in the Second Chamber on April 22, 1969, Hand. II 1968/69 p. 2667.
66. Aanh. Hand. I 1968/69 No. 89 p. 181–182; also in: Jaarboek van het Ministerie van Buiten-landse Zaken 1968/69, Annex 29 (p. 288–291).
67. Aanh. Hand. I 1968/69 No. 89 p. 181.
68. Memorandum of Reply of December 30, 1968, to the Second Chamber, on the draft 1969 budget for Justice, Bijl. Hand. II 1968/69 - 9800 VI No. 13 p. 13.
69. Statement of the Minister of Justice in the Second Chamber April 22, 1969, Hand. II 1968/69 p. 2670.
70. Statement of November 15, 1968, De Drieentwintigste Zitting etc. p. 212–213.
71. U.N Representative provided for in Article XVII of the 1962 Agreement, see supra p. 109.
72. Statement of June 26, 1969 in the Second Chamber, Hand. II 1968/69 p. 3526–3527.
73. Of January 20, 1969.
74. Of March 1, 1968, see F/CN.4/975 p. 3. In this resolution the Commission, inter alia, requested the Secretary General to transmit the report of the Ad Hoc Study Group (E/CN.4 966 and Add 1) to Member States a d to regional intergovernmental organizatio is tor their comments on the part concerning reg onal commissions.
75. E/CN.4/975/Add. 1 p. 2–3.
76. See 3.132.
77. Minister of Agriculture, Bijl. Hand. II 1968/69 - 9800 XIV No. 9 p. 13.
78. Minister for Foreign Affairs, Hand. II 1968/69 B 3–4.
79. Ibid. B 5.
80. Reply to written questions, May 25, 1969, Aanh. Hand. II 1968/69 No. 789, p. 1583.
81. Reply of the Minister for Foreign Affairs to written questions January 21, 1969. Aanh. Hand II 1968/69 No. 329 p. 661.
82. Reply to written questions, March 25, 1969, Aanh. Hand. I 1968/69 No. 60 p. 123.
83. Reply to written questions, March 25, 1969. Aanh. Hand. I 1968/69 No. 61 p. 125.
84. Trb. 1957 No. 20. Entered into force on February 23, 1965.
85. Memorandum of Reply (Ministers for Foreign Affairs and for Justice) September 18, 1968, Bijl. Hand. II 1968/69 - 7487 No. 3 p. 1–3.
86. Regarding the question of Parlianentary approval, cf. also: Bijl. Hand. II 1965/66 -8380 (R 506) No. 6.
87. Trb. 1964 No. 115.
88. Statement of March 26, 1969 in the Second Chamber, Hand. II 1968/69 p. 2525.
89. By way of implementation of the provisions on piracy, as contained in the 1958 Geneva Convention on the High Seas, the Act of March 16, 1967, Stb. 152 introduced a number of amendments in Chapter (Titel) XXIX of the Penal Code, dealing with “Maritime and Aviation Offences”. These amendments aimed at including acts originating from an aircraft, as distinct from a ship, as acts of piracy. Article 385 now reads: “He who intentionally brings a Netherlands ship or aircraft into the hands of pirates (“zeerovers”) shall be punished …”
90. The Article reads: “A passenger or member of the crew of a Dutch ship who unlawfully takes control of the ship, shall be punished.…”
91. Statement of March 26, 1969 in the Second Chamber, Hand. II 1968/69 p. 2525.
92. Reply to written questions, March 25, 1969, Aanh. Hand. II 1968/69 No. 560 p. 1125.
93. Note of March 10, 1969, Bijl. Hand. II 1968/69 - 9978 No 5.
94. Bijl. Hand. II 1968/69 - 10044 No. 2.
95. Bijl. Hand. II 1968/69 - 10044 No. 4.
96. Bijl. Hand. II 1968/69 - 10044 No. 6.
97. Bijl. Hand. II 1968/69 - 10044 No. 5.
98. Reply to written questions. January 7, 1969. Aanh. Hand II 1968/69 No. 288 p. 579.
99. Note of July 24, 1969 to the First Chamber, Bijl. Hand. I 1968/69 No. 149a.
100. De Drieentwintigste Zitting etc. p. 201. A similar statement was given by the Minister for Foreign Affairs in the Standing Parliamentary Committee for Foreign Affairs on November 19, 1968, Hand. II 1968/69 B 18, and in the Second Chamber on February 27 1969, Hand. II 1968/69 p. 1955.
101. Bijl. Hand. II 1968/69 - 10098 No. 3.
102. Act of 1910, Stb. 1910 No. 313.
103. Stb. 1968 No. 585.
104. These articles constitute the main part of Chapter III of the Patents Act dealing with “Legal consequences of the patent”.
105. Materials ot the written proceedings fall outside the period covered by this survey. They are included in I.C.J. Pleadings, North Sea Continental Shelf, Vol. I.
106. Those parts which deal with specific contest with the German arguments have been omitted.
107. I.C.J. Pleadings, North Sea Continental Shelf, Vol. II p. 120–128.
108. Memorandum of November 21, 1968, Bijl Hand. II 1968/69 - 9464 (R 628) No. 7 p. 2.
109. Reply to written questions, Aanh. Hand. II 1968/69 No. 335 p. 673.
110. Reply to written questions, Aanh. Hand. II 1968/69 No. 506 p. 1015.
111. Report of the oral consultation between the Special Committee and the Government, October 23, 1968, Bijl. Hand. II 1968/69 - 9065 (R 583) No. 14.
112. Text of the draft-convention as Annex to General Assembly Resolution 2391 (XXIII) of November 26, 1968.
113. Statement of October 15, 1968, De Drieentwintigste Zitting etc. p. 272.
114. Statement of November 26, 1968, De Drieentwintigste Zitting etc. p. 273.
115. Bijl. Hand. II 1968/69 10251 No. 3 p 3–4
116. Bijl. Hand. II 1968/69 9800 VI No 2 p. 4.
117. Statement of July 2, 1969, Hand. II 1968/69 p. 3614.
118. Decree of December 22, 1943, Stb. D 61, amended by Decree of June 27, 1947, Stb. H 206.
119. See the Act of July 10, 1947, Stb. H 233, Art. III, and also the Act on Penal Law in Time of War (Wet Oorlogsstrafrecht), Stb. 1952, No. 408, and the Act of July 2, 1964, for the Implementation of the Genocide Convention, Stb. 1964 No. 243.
120. Art. 27a of the Decree establishing Extraordinary Penal Provisions reads:
“1. Any person who, during the present war, in military or public service of the enemy commits a war crime or a crime against humanity as defined in Article 6, (b) or (c) of the Charter annexed to the London Agreement of August 8, 1945, shall be liable to the penalty fixed for such crime, provided that the crime committed also contains the elements ot a criminal offence under Dutch law.
2. If such crime does not include the elements of a criminal offence under Dutch law, the offender shall be liable to the penalty set for the offence under Dutch law, to which it bears the greatest resemblance.
3. The same punishment as mentioned in sections one and two applies to a superior who wilfully allows one of his subordinates to commit any such crime.”
Art. 8 of the Act on Penal Law in Time of War reads:
“1. Any person who is guilty of violation of the laws and customs of er shall be liable to imprinsonment for a period not exceeding ten years.
2.…
3.…”
Art. 9 of the same Act reads:
“The same penalty set for the offence mentioned in the previous Article applies to any person who wilfully allows one of his subordinates to commit such an offence.”
121. Bijl. Hand. II 1968/69 - 10251 No. 3 p. 2–5.
122. Statement of Decemner 13, 1968, De Drieentwintigste Zitting etc. p. 332.
123. Reply to written questions, September 5, 1969, Aanh. Hand II 1968/69 No. 1185 p. 2387.
124. 101st meeting, August 22, 1969, A/AC.125/SR 97–109 p. 30–31.
125. Statement of December 13, 1968, De Drieentwintigste Zitting etc. p. 334.
126. Statement of October 10, 1968, Hand. II 1968/69 p. 391.
127. National implementing legislation include: Import and Export (Southern Rhodesia) Decree of 1966, Stb. 1966 No. 289, supplemented by Royal Decree of November 7, 1968, Stb. 1968 No. 620.
128. Reply to questions from the Standing Parliamentary Committee for Foreign Affairs, Bijl. Hand. II 1968/69 - 9800 V No. 23.
129. Statement of June 30, 1969, in the Standing Parliamentary Committee for Foreign Affairs, Hand. II 1968/69 B 102.
130. Statement of June 30, 1969 in the Standing Parliamentary Committee for Foreign Affairs, Hand. II 1968/69 B 103.
131. Statement of November 21, 1968, De Drieentwintigste Zitting etc. p. 342.
132. Statement of February 27, 1969, Hand. II 1968/69 p. 1960.
133. Statement of July 2, 1969, Hand. II 1968/69 p. 3614.
134. Statement of February 27, 1969, Hand. II 1968/69 p. 1977.
135. Memorandum of Reply, December 17, 1968, Bijl. Hand. II 1968/69 - 9427 (R 625) No. 6 p. 2.
136. Reply to written questions, August 25, 1969, Aanh. Hand. II 1968/69 No. 1149 p. 2311.
137. Reply to written questions, October 10, 1968, Aanh. Hand. II 1968/69 No. 61 p. 123.
138. Bijl. Hand. II 1968/69 - 9800 XIII No. 2 p. 7.
139. Ibid. p. 34.
140. Report of the Meeting of March 20, 1969, Bijl. Hand. II 1968/69 - 9800 XIII No. 30 p. 3.
141. Annex IV to the Explanatory Memorandum, Bijl. Hand. II 1968/69 - 9800 V No. 33 p. 31
142. Statement in the Standing Parliamentary Committee for Development Co-operation, Hand. II 1968/69 C 9. This Statement accords with an earlier reply of the Minister to Parliamentary questions, in which he said. “Since co-operation with developing countries cannot be really effective unless it is given a permanent character, and based upon the principles of co-operation between sovereign States, the Government endeavour to shape their development policies independently of political events in the countries concerned … Bijl. Hand. II 1968/69 - 9800 V No. 17. Cf. the statement made by the same Minister in the Second Committee of the U.N. General Assembly on November 8, 1968, De Drieentwintigste Zitting etc. p 227. After having referred to the Netherlands decision to set asside 1 per cent of the national income for development co-operation and to how this affects the country's domestic economic and monetary policies, he said: “… So far from being an encroachment upon national sovereignty, such action is instead an expression of national sovereignty. To sum up, if development co-operation is regarded as something other than a form of interaction between sovereign States expressing the desire to co-operate, it is, in my view, doomed to failure.”
143. De Drieentwintigste Zitting etc. p. 224–226. Cf. the statement of the same Minister in the Standing Parliamentary Committee for Development Co-operation on November 19, 1968, Hand. II 1968/69 C 14.
144. Reply of the Minister charged with Development Aid to questions from the Standing Parliamentary Committee for Development Co-operation, Bijl. Hand. II 1968/69 - 9800 V No. 17.
145. Statement of the Minister charged with Development Aid on June 25, 1969 in the First Chamber, Hand. I 1968/69 p. 940.
146. Statement of November 26, 1968, in the Standing Parliamentary Committee for Development Aid, Hand. II 1968/69 C 23.
147. Statement of March 26, 1969, in the Second Chamber, Hand. II 1968/69 p. 2542.
148. Bijl. Hand. II 1968/69 - 10003 No. 3.
149. Stb. 1969 No. 268. The Act has been implemented by two Ministerial Regulations, dated June 9. 1969/No. A 69/7835 and No. A 69/7836, Stc. June 26, 1969, No. 121. The Annex to the Memorandum of Reply concerning the Bill (Bijl. Hand. II 1968/69 - 9633 No. 6) included a survey of investment insurance regulations in other countries.
150. Statement of March 26, 1969 in the Second Chamber, Hand. II 1968/69 p. 2540.
151. Bijl Hand. II 1968/69 - 9800 XII No 2 p. 23–24. Cf. also the reply of the Minister in charge of Develepment Aid to written questions, March 3, 1969, Aanh. Hand. II 1968/69 No. 464 p.931.
152. Statement by the Prime Minister in the Second Chamber, October 10, 1968, Hand II 1968/69 p. 338.
153. Ibid. p. 390. In this statement he reacted favorably to a Danish initiative in the U.N. aiming at the establishment of an international system of registration of weapon deliveries.
154. Statement by the Minister for Foreign Affairs in the Standing Parliamentary Committee for Foreign Affairs, November 19, 1968, Hand. II 1968/69 B 16.