Editing Benelux (section)

=== Benelux legal instruments ===
The Benelux Union involves intergovernmental cooperation.<ref>{{Cite web|url=https://www.urm.lt/default/en/foreign-policy/lithuania-in-the-region-and-the-world/regional-cooperation/intergovernmental-cooperation-of-the-baltic-and-the-benelux-countries|title=Intergovernmental cooperation of the Baltic and the Benelux countries {{pipe}} Regional cooperation {{pipe}} Lithuania in the Region and the World {{pipe}} Foreign Policy {{pipe}} Ministry of Foreign Affairs|access-date=22 December 2016|archive-date=18 October 2021|archive-url=https://web.archive.org/web/20211018134443/https://www.urm.lt/default/en/foreign-policy/lithuania-in-the-region-and-the-world/regional-cooperation/intergovernmental-cooperation-of-the-baltic-and-the-benelux-countries|url-status=dead}}</ref>

The Treaty establishing the Benelux Union explicitly provides that the Benelux Committee of Ministers can resort to four legal instruments (art. 6, paragraph 2, under a), f), g) and h)):<ref>{{Cite web |date=3 February 1958 |title=trait_Benelux_17.06.2008Ondertekend |url=http://www.benelux.int/files/3914/0067/7093/trait_Benelux_17.06.2008Ondertekend.pdf |access-date=14 October 2022 |website=benelux.int}}</ref>

1. '''Decisions'''

Decisions are legally binding regulations for implementing the Treaty establishing the Benelux Union or other Benelux treaties.

Their legally binding force concerns the Benelux states (and their sub-state entities), which have to implement them. However, they have no direct effect towards individual citizens or companies (notwithstanding any indirect protection of their rights based on such decisions as a source of international law). Only national provisions implementing a decision can directly create rights and obligations for citizens or companies.

2. '''Agreements'''

The Committee of Ministers can draw up agreements, which are then submitted to the Benelux states (and/or their sub-state entities) for signature and subsequent parliamentary ratification. These agreements can deal with any subject matter, also in policy areas that are not yet covered by cooperation in the framework of the Benelux Union.

These are in fact traditional treaties, with the same direct legally binding force towards both authorities and citizens or companies. The negotiations do however take place in the established context of the Benelux working groups and institutions, rather than on an ad hoc basis.

3. '''Recommendations'''

Recommendations are non-binding orientations, adopted at ministerial level, which underpin the functioning of the Benelux Union. These (policy) orientations may not be legally binding, but given their adoption at the highest political level and their legal basis vested directly in the Treaty, they do entail a strong moral obligation for any authority concerned in the Benelux countries.

4. '''Directives'''

Directives of the Committee of Ministers are mere inter-institutional instructions towards the Benelux Council and/or the Secretariat-General, for which they are binding. This instrument has so far only been used occasionally, basically in order to organize certain activities within a Benelux working group or to give them impetus.

All four instruments require the unanimous approval of the members of the Committee of Ministers (and, in the case of agreements, subsequent signature and ratification at national level).