Special member state territories and the European Union


Special member state territories and the European Union
Map of European Union in the world (with overseas countries and territories (OCT) and outermost regions (OMR))

Several European Union member states have special territories which, for historical, geographical, or political reasons, enjoy special status within or outside of the European Union. These statuses range from no or limited derogation from EU policies, limited inclusion in EU policies or none at all. Most of the territories which are outside the EU nonetheless enjoy a special relationship with the EU.

Contents

Outermost regions

The outermost regions (OMR) are nine regions of EU member states which are part of the EU. According to the EC Treaty, European Union law applies to these territories with possible derogations to take account of their "structural social and economic situation ... which is compounded by their remoteness, insularity, small size, difficult topography and climate, economic dependence on a few products, the permanence and combination of which severely restrain their development ...".[1] There were initially seven outermost regions, as established by the EC Treaty, but the Treaty of Lisbon included two additional territories, both of which seceded from one of the original outermost regions.

Azores and Madeira

Azores and Madeira are two groups of Portuguese islands in the Atlantic. While derogations from the application of EU law could apply, none do.[citation needed] Their VAT is lower than the rest of Portugal, but they are not outside the European Union Value Added Tax Area.

Canary Islands

The Canary Islands are a Spanish archipelago off the African coast which forms one of the Spanish Autonomous Communities, thus having the status of being part of Spanish territory. They are outside the European Union Value Added Tax Area.[2] The Canary Islands are the most populated and economically strongest territory of all the outermost regions in the European Union. The outermost regions office for support and information is located in these islands, in the city of Las Palmas de Gran Canaria (Gran Canaria).

French overseas departments of French Guiana, Guadeloupe, Martinique, and Réunion

French Guiana, Guadeloupe, Martinique, and Réunion are four French overseas departments which under French law are, for the most part, treated as integral parts of the Republic. Each also forms a French overseas region. The euro is legal tender and they are part of the European Union Customs Union.[3] However they are outside the Schengen area and the VAT area.[2]

A fifth French Overseas Department, Mayotte, was created on 31 March 2011 when its status was changed from being a overseas collectivity. While Mayotte is currently an overseas country or territory, it is due to become an overseas region and thus part of the EU on 1 January 2014.[4]

Saint Barthélemy and Saint Martin

On 22 February 2007, Saint Barthélemy and Saint Martin were broken away from the French overseas department of Guadeloupe to be formed into two new overseas collectivities. As a consequence their status was unclear for a time. While a report issued by the French parliament suggested that both islands remained within the EU as outermost regions,[5] European Commission documents listed them as being outside the European Community.[6] The legal status of the islands was clarified on the coming into force of the Lisbon Treaty which lists them as outermost regions.[7]

In October 2010 the French government announced that Saint Barthélémy would cease to be an outermost region and instead become an OCT on 1 January 2012, a change which, they say, should facilitate trade with countries outside the EU, notably the United States.[8] The change in Saint Barthélémy's status was made possible by a provision of the Lisbon Treaty which allow the European Council to change the EU status of a Danish, Dutch or French territory on the initiative of the member state concerned.[9]

Overseas countries and territories

The overseas countries and territories (OCT) are twenty one territories that have a special relationship with one of the member states of the EU: twelve with the United Kingdom, six with France, two with the Netherlands and one with Denmark.[10] They are listed in Annex II acc. to Article 198 of the Treaty on the Functioning of the European Union and were invited to form association agreements with the EU and may opt in to EU provisions on freedom of movement for workers (Article 202 (ex Article 186)) and freedom of establishment (Article 199(5) (ex Article 183(5))). They are not subject to the EU's common external tariff (Article 200(1) (ex Article 184(1))) but may claim customs on goods imported from the EU on a non-discriminatory basis (Article 200(3) and 200(5) (ex Article 184(3) and (5))). They are not part of the EU, and EU law applies to them only insofar is necessary to implement the association agreements.

British overseas territories

Twelve overseas territories of the United Kingdom (all but Gibraltar, which, unlike the other territories, is part of the European Union (see below), and the Sovereign Base Areas of Akrotiri and Dhekelia on Cyprus), namely:

These are counted as Overseas Countries and Territories under the Treaty of Rome; however, Bermuda has chosen not to apply for this status.[11] All citizens of the British overseas territories – including those connected to Bermuda, but excluding those connected to Britain's sovereign bases in Cyprus – were granted full British citizenship by the British Overseas Territories Act 2002 and are consequently citizens of the European Union.

French overseas collectivities, Mayotte, New Caledonia and the French Southern Lands

Saint-Pierre and Miquelon, French Polynesia and Wallis and Futuna are overseas collectivities (formerly referred to as overseas territories) of France, while New Caledonia is a "sui generis collectivity". Mayotte has recently become an overseas department on 31 March 2011, having previously been an overseas collectivity. While Mayotte is due to become an overseas region and part of the European Union on 1 January 2014, it remains an OCT and outside the EU until then.

Mayotte and Saint-Pierre and Miquelon are both part of the Eurozone,[12] while New Caledonia, French Polynesia and Wallis and Futuna use the CFP Franc, a currency which is tied to the euro and guaranteed by France. Natives of the collectivities are European citizens owing to their French citizenship and elections to the European Parliament are held in the collectivities. A declaration (43) annexed to the final act of the Treaty of Lisbon stated that upon request from the French government, the European Council would have to make a decision in order to make Mayotte an outermost region when "the evolution currently under way in the internal status of the island so allows".[7] (In March 2011, Mayotte became an overseas department and overseas region of France, a collectivité unique,[13] and the French government anticipates its becoming an Outermost Region.[14] French president Nicolas Sarkozy is expected to make a formal request to the Council of the European Union for Mayotte to become an OMR.[15])

The French Southern and Antarctic Territories (which include the French Scattered Islands in the Indian Ocean) is a French Overseas Territory but have no permanent population.[16] Both have sui generis statuses within France.[17] It has overseas countries and territories status within the European Union.

Dutch overseas territories

After the dissolution of the Netherlands Antilles on 10 October 2010, Aruba, Curaçao, and Sint Maarten are now autonomous countries within the Kingdom of the Netherlands. As the Netherlands Antilles, they were initially specifically excluded from all association with the EEC by reason of a protocol attached to the Treaty of Rome, allowing the Netherlands to ratify on behalf of the Netherlands and Netherlands New Guinea only, which it subsequently did.[18] Following the entry into force of the Convention on the association of the Netherlands Antilles with the European Economic Community on 1 October 1964, however, the Netherlands Antilles were counted as overseas territories. The inhabitants of the islands are EU citizens owing to their Dutch nationality, but most of them were not, until recently, entitled to vote in European Parliamentary Elections. This has been recently ruled to be contrary to EU law by the European Court of Justice as Dutch citizens resident outside the EU, other than those resident in either the former Netherlands Antilles and Aruba, were entitled to vote in the Dutch elections to the European Parliament.[19]

Bonaire, Sint Eustatius, and Saba — collectively known as the BES islands or the Caribbean Netherlands — are now special municipalities of the Netherlands. They will remain OCTs at least until 2015.[20]

Aruba and the former Netherlands Antilles are listed in the OCT list in Annex II to the Treaty on the Functioning of the European Union, the latter with enumerating her former five component territories Curaçao, Sint Maarten, Bonaire, Sint Eustatius, and Saba.

Greenland

Greenland is a special case among the overseas countries and territories as it is the only one which was once part of the Union (then called the European Community). Greenland had a referendum on membership and subsequently left in 1985. Greenlanders are, nonetheless, full European Union citizens owing to their Danish citizenship.

Special cases

While the outermost regions and the overseas counties and territories fall into structured categories to which common mechanisms apply, this is not true of all the special territories. Some territories enjoy ad-hoc arrangements in their relationship with the EU. Some of these could be called "protocol territories" as their status is governed by protocols attached to their respective countries' accession treaties. The rest owe their status to European Union legislative provisions which exclude the territories from the application of the legislation concerned. Many opt out from either the VAT area or the customs union or both.

Åland Islands

Åland, a group of islands belonging to Finland, but with partial autonomy, located between Sweden and Finland, with a Swedish-speaking population, joined the EU along with Finland in 1995. The islands had a separate referendum on accession and like the Finnish mainland voted in favour.

While most EU law applies to Åland it is outside the VAT area[2] and is exempt from common rules in relation to turnover taxes, excise duties and indirect taxation. There are also restrictions on the freedom of movement of people and services, the right of establishment, and the purchase or holding of real estate in Åland.[21]

Büsingen am Hochrhein

The German exclave town of Büsingen am Hochrhein, fully surrounded by Switzerland, is in customs union with the latter non-EU country.[22] The euro is legal tender, although the Swiss franc is preferred. Büsingen is excluded from the EU customs union and VAT area.[2] Swiss VAT and sales taxes are paid.[23]

Campione d'Italia and Livigno

The Italian enclave village of Campione d'Italia is totally surrounded by Switzerland's Ticino (Tessin) canton as well as Lake Lugano (Lake Ceresio) and is in the Province of Como, whilst Livigno, a small and remote mountain resort town, is in the Italian province of Sondrio. Although part of the EU, they are excluded from the customs union and VAT area, with Livigno's tax status dating back to Napoleonic times.[2] Moreover, legal tender in Campione d'Italia is the Swiss Franc, even with the euro widely accepted.[24]

Ceuta and Melilla

Ceuta and Melilla are two Spanish cities on the North African coast. They are excluded from the common agricultural and fisheries policies. They are also outside the customs union and VAT area,[2] but no customs are levied on goods exported from the Union into either Ceuta and Melilla, and certain goods originating in Ceuta and Melilla are exempt from customs charges.

The Channel Islands and the Isle of Man

Jersey, Guernsey and the Isle of Man are British Crown dependencies, the former two being just off the French coast and the latter being in the middle of the Irish Sea. The islands take part in the EU freedom of movement of goods but not people, services or capital. The Channel Islands (as they were defined in 1972, when UK joined the European Communities, now Jersey and Guernsey) are outside the VAT area (since they have no VAT), while the Isle of Man is inside it.[2] Both areas are inside the customs union.[3]

Channel Islanders and Manx people are British citizens and hence European citizens.[25] However, they are not entitled to take advantage of the freedom of movement of people or services unless they are directly connected (through birth, descent from a parent or grandparent, or five years' residence) with the United Kingdom.[26]

Cyprus

When the Republic of Cyprus became part of the European Union on 1 May 2004, the northern third of the island was outside of the effective control of its government, a United Nations buffer zone of varying width separated the two parts, and a further 3% of the island was taken up by UK sovereign bases (under British sovereignty since the Treaty of Establishment in 1960). Two protocols to the Treaty of Accession 2003 – numbers 3 and 10, known as the "Sovereign Base Areas Protocol" and the "Cyprus Protocol" respectively – reflect this complex situation.

EU law only applies fully to the part of the island that is effectively controlled by the government of the Republic of Cyprus. EU law is suspended in the northern third of the island (the Turkish Republic of Northern Cyprus, whose independence is recognised only by Turkey) by article 1(1) of the Cyprus Protocol.[27] Turkish Cypriots living there are nonetheless European citizens and are entitled, at least in principle, to vote in elections to the European Parliament; however, elections to that Parliament are not organised in northern Cyprus.

United Kingdom sovereign bases

The United Kingdom has two sovereign bases on Cyprus, namely Akrotiri and Dhekelia. Unlike other British overseas territories, they are not listed as Overseas Countries and Territories under the Treaty of Rome and their inhabitants (who are entitled to British Overseas Territories Citizenship) have never been entitled to British citizenship.

Prior to Cypriot accession to the EU in 2004, EU law did not apply to the sovereign bases.[28] This position was changed by the Cypriot accession treaty and EU law, while still not applying in principle, applies to the extent necessary to implement a protocol attached to that treaty.[29] In practice this protocol applies a substantial portion of EU law to the sovereign bases including provisions relative to agricultural policy, customs and indirect taxation. The UK also agreed in the Protocol to keep enough control of the external (i.e. off-island and northern Cyprus) borders of the sovereign bases to ensure that the border between the sovereign bases and the Republic of Cyprus can remain fully open and will not have to be policed as an external EU border. Consequently the sovereign bases will become a de facto part of the Schengen Area if and when Cyprus implements it. The bases are already de facto members of the eurozone due to their previous use of the Cypriot pound before it was replaced by the euro in 2008.

As pointed out above, inhabitants of the sovereign bases have never been entitled to British citizenship or the European Union citizenship that would go with it.[30] However, apart from those temporarily living there in connection with the British forces, the majority of the inhabitants are nationals of the Republic of Cyprus[citation needed] and therefore European citizens.

United Nations buffer zone

The United Nations buffer zone between north and south Cyprus ranges in width from a few metres in central Nicosia to several kilometres in the countryside. While it is nominally under the sovereignty of the Republic of Cyprus, it is effectively administered by the United Nations Peacekeeping Force in Cyprus (UNFICYP). The population of the zone is 8686 (as of October 2007), and one of the mandates of UNFICYP is "to encourage the fullest possible resumption of normal civilian activity in the buffer zone".[31] Article 2.1 of the Cyprus Protocol[27] allows the European Council to determine to what extent the provisions of EU law apply in the buffer zone.[32]

Faroe Islands

The Faroe Islands are not part of the EU. Danish citizens residing on the islands, who hold Faroese-Danish passports (modelled on the pre-EU green Danish passports), are not considered as citizens of a member state within the meaning of the treaties or, consequently, citizens of the European Union.[33] However Faroese may become EU citizens by changing their residence to the Danish mainland.

The Faroe Islands are not part of the Schengen Area, and Schengen visas are not valid. However, the islands are part of the Nordic Passport Union.[34] This means that there is an identity check upon arrival on the islands where Nordic citizens on intra-Nordic travel need no passport, only showing the ticket plus identity card.

Gibraltar

Gibraltar is a British overseas territory located near the southernmost tip of the Iberian Peninsula and overlooking the Strait of Gibraltar, sharing a border with Spain to the north. It is part of the EU, having joined the European Economic Community under the United Kingdom in 1973. Article 355(3) (ex Article 299(4)) applies the treaty to "the European territories for whose external relations a Member State is responsible", a provision which in practice only applies to Gibraltar. Notwithstanding its being part of the EU, Gibraltar is outside the customs union and VAT area and is exempted from the Common Agricultural Policy.[35] As a separate jurisdiction to the UK, Gibraltar's government and parliament are responsible for the transposition of EU law into local law.

Owing to a declaration lodged by the United Kingdom with the EEC in 1982 Gibraltarians were to be counted as British nationals for the purposes of Community law. This was notwithstanding that they were not all, at the time, British citizens but many were British Overseas Territories citizens. As such Gibraltarians have enjoyed European Union citizenship from its creation by the Maastricht Treaty. All Gibraltarians have since been granted full British citizenship.[30]

Despite their status as EU citizens resident in the EU, elections to the European Parliament were not held in Gibraltar until 2004. The inclusion resulted from the European Court of Human Rights' ruling in Matthews v. United Kingdom which deemed that Gibraltar's exclusion violated Article 3 of Protocol 1 to the European Convention on Human Rights. In the 2004 European Parliament election the territory formed part of the South West England constituency of the United Kingdom. The inclusion was unsuccessfully challenged by Spain before the European Court of Justice.[19]

Like the UK, Gibraltar does not form part of the Schengen Area and as a result the border between Spain and Gibraltar is an external Schengen border through which Spain is legally obliged to perform full entrance and exit controls. However Gibraltar does participate in certain police and judicial cooperation aspects of the Schengen acquis in line with the UK's request to participate in the same measures.[36]

With respect to the application of EU law to Gibraltar, the Governments of Spain and the United Kingdom made the following Declaration which is appended (as Declaration 55) to the Treaty on European Union: "The Treaties apply to Gibraltar as a European territory for whose external relations a Member State is responsible. This shall not imply changes in the respective positions of the Member States concerned."[37]

Heligoland

Heligoland is a German island situated 70 km (43 mi) off the German north-western coast. It is part of the EU, but is excluded from the customs union and the VAT area.[2]

Mount Athos

Mount Athos is an autonomous monastic region of Greece. Greece's EU accession treaty provides that Mount Athos maintains its centuries-old special legal status,[38] guaranteed by article 105 of the Greek Constitution. It is part of the customs union but outside the VAT area.[2] Notwithstanding that a special permit is required to enter the peninsula and a prohibition on the admittance of women, it is part of the Schengen Area.[39] A declaration attached to Greece's accession treaty to the Schengen Agreement states that Mount Athos's "special status" should be taken into account in the application of the Schengen rules.[40]

Saimaa Canal and Maly Vysotsky Island

Finland leases the Russian part of the Saimaa Canal and the island of Maly Vysotsky from Russia. The area is not part of the EU; it is a special part of Russia, and under the treaty signed by Finnish and Russian governments, as of 2010 Maly Vysotsky is managed by Russian authorities. Russian law is in force, with a few exceptions concerning maritime rules and the employment of canal staff, which fall under Finnish jurisdiction. There are also special rules concerning vessels travelling to Finland via the canal. Russian visas are not required for just passing through the canal, but a passport is needed and it is checked at the border. Euros are accepted for the canal fees.

Former special territories

Many currently independent states or parts of such were previously territories of the following EU members:

  • Belgium (with multiple territories, from ECSC formation until 1962)
  • France (with multiple territories, from ECSC formation)
  • Italy (with Italian Somaliland, from ECSC formation until 1960)
  • The Netherlands (with multiple territories, from ECSC formation)
  • Portugal (with multiple territories, from 1986 enlargement until 2002)
  • United Kingdom (with multiple territories, from 1973 enlargement)

Most of them left their former mother country before the implementation of the Maastricht treaty in 1993 and the following years, meaning that cooperations like the EU citizenship, the VAT union or the Eurozone did not exist, so it made less difference to be a special territory then.

These were:

  • Cambodia (gained independence from France in 1953), no Community treaty applied there, besides ECSC preferences[41]
  • Laos (gained independence from France in 1954), no Community treaty applied there, besides ECSC preferences[41]
  • Vietnam (gained independence from France in 1954), no Community treaty applied there, besides ECSC preferences[41]
  • Tunisia (gained independence from France in 1956), no Community treaty applied there, besides ECSC preferences[41]
  • Morocco (gained independence from France in 1956), no Community treaty applied there, besides ECSC preferences[41]
  • Guinea (gained independence from France in 1958), was with OCT status[42]
  • Cameroon (French-administered part gained independence from France in 1960 along with some of UK-administered parts); was with OCT status for the French part[42]
  • Togo (gained independence from France in 1960), was with OCT status[42]
  • Mali (gained independence from France in 1960), was with OCT status[42]
  • Senegal (gained independence from France in 1960), was with OCT status[42]
  • Madagascar (gained independence from France in 1960), was with OCT status[42]
  • DR Congo (gained independence from Belgium in 1960), was with OCT status[42]
  • Somalia (Italian-administered part gained independence from Italy in 1960 along with UK-administered part); was with OCT status for the Italian part[42]
  • Benin (gained independence from France in 1960), was with OCT status[42]
  • Niger (gained independence from France in 1960), was with OCT status[42]
  • Burkina Faso (gained independence from France in 1960), was with OCT status[42]
  • Ivory Coast (gained independence from France in 1960), was with OCT status[42]
  • Chad (gained independence from France in 1960), was with OCT status[42]
  • Central African Republic (gained independence from France in 1960), was with OCT status[42]
  • Congo (gained independence from France in 1960), was with OCT status[42]
  • Gabon (gained independence from France in 1960), was with OCT status[42]
  • Mauritania (gained independence from France in 1960), was with OCT status[42]
  • Burundi (gained independence from Belgium in 1962), was with OCT status[42]
  • Rwanda (gained independence from Belgium in 1962), was with OCT status[42]
  • Netherlands New Guinea (transferred from Netherlands to UN in 1962, later merged with Indonesia), was with OCT status[42]
  • Suriname (gained independence from Netherlands in 1975), was with OCT status,[41][43][44] EURATOM application unsure.[45]
  • Algeria (gained independence from France in 1962), was with status similar to OMR[46]
  • Bahamas (gained independence from UK in 1973), was with OCT status[47]
  • Grenada (gained independence from UK in 1973), was with OCT status[47]
  • Comoros (gained independence from France in 1962), was with OCT status[42]
  • Seychelles (gained independence from UK in 1976), was with OCT status[47]
  • French Somaliland (gained independence from France as Djibouti in 1977), was with OCT status[42]
  • Solomon Islands (gained independence from UK in 1976), was with OCT status[47]
  • Tuvalu (gained independence from UK in 1978), was with OCT status[47]
  • Dominica (gained independence from UK in 1978), was with OCT status[47]
  • Saint Lucia (gained independence from UK in 1979), was with OCT status[47]
  • Kiribati (gained independence from UK in 1979), was with OCT status[47]
  • Saint Vincent and the Grenadines (gained independence from UK in 1979), was with OCT status[47]
  • Zimbabwe (gained independence from UK in 1980), no Community treaty applied there, besides ECSC preferences[41][48]
  • Vanuatu (gained independence from UK and France in 1980), generally was with OCT status [49]
  • Belize (gained independence from UK in 1981), was with OCT status[47]
  • Antigua and Barbuda (gained independence from UK in 1981), was with OCT status[47]
  • Saint Kitts and Nevis (gained independence from UK in 1983), was with OCT status[47]
  • Brunei (gained independence from UK in 1984), was with OCT status[47]
  • Hong Kong (sovereignty transferred from the UK to the PRC in 1997), no Community treaty applied there,[48] besides ECSC preferences[41]
  • Macau (sovereignty transferred from Portugal to the PRC in 1999), EURATOM was applicable[citation needed],[50] besides the ECSC preferences[41]
  • Timor-Leste (gained independence from UN in 2002), no Community treaty applied there [51]

Additionally in Europe there were special territories in the past that had different status than their "mainland", because of various reasons, but now are part of a member state. Some of these territories were as follows:

  • The Austrian areas of Kleinwalsertal and Jungholz formerly enjoyed a special legal status. The 2 areas have road access only to Germany, and not directly to other parts of Austria. They were in customs and currency union with Germany and there were no border controls between Kleinwalsertal and Jungholz, respectively, and Germany. When Austria entered the EU (and its customs union) in 1995, the customs union became defunct. The entry into force of the Schengen Agreement for Austria (1997) and the introduction of the euro (2002) caused Kleinwalsertal and Jungholz to lose their remaining legal privileges. It is now legally treated in the same manner as the rest of Austria.
  • Saar (merged with West Germany on 1 January 1957), was fully part of the Community as French-administered European territory [52]
  • West Berlin (merged with West Germany on 3 October 1990), was with full application of the treaties[53]
  • East Germany was formally not recognised by the original six EU countries until 1972. This meant that on paper it was part of the European Community,[citation needed][clarification needed] but not in reality.[citation needed] The Treaty of Rome had clauses allowing a fast reunion of Germany in 1990.[citation needed]

Summary

This table summarises the various components of EU laws applied in the EU member states and their sovereign territories. Member states that do not have special-status territories are not included (as there the EU law applies fully with the exception of the opt-outs in the European Union and states under a safeguard clause or transitional period). Some territories of EFTA member states also have a special status in regard to EU laws applied as is the case with some European microstates.

Member states and
sovereign territories
Application of
EU law
Enforceable in local courts
EURATOM
EU citizenship
EU elections
Schengen area
EU VAT area
EU customs territory
EU
single market
Eurozone
 Cyprus, except: Yes Yes Yes Yes Yes Set to implement later Yes Yes Yes Yes
Northern Cyprus Northern Cyprus Suspended No No Yes No[citation needed] No No No[54] No[55] No, TRY
United Nations UN Buffer Zone  ?  ?  ? Yes Yes
[citation needed]
 ? No[56]  ?  ? de facto
 Denmark, except: Yes[57] Yes Yes Yes Yes Yes Yes Yes Yes No, ERM II with DKK
 Greenland Minimal (OCT) Yes No[58] Yes No No No No[54] Partial[59] No, DKK
 Faroe Islands No No No[60] No No No No No[54] Minimal (FTA)[61] No, DKK
 Finland, except: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
 Åland Islands With exemptions Yes Yes[62] Yes Yes Yes No Yes[54] With exemptions Yes
 Russia Saimaa Canal and Maly Vysotsky Island No No No No No No  ?  ?  ? de facto
 France (Metropolitan), except: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
 Réunion With exemptions (OMR) Yes Yes Yes Yes No[63] No Yes[54] Yes Yes
 French Guiana With exemptions (OMR) Yes Yes Yes Yes No[63] No Yes[54] Yes Yes
 Martinique With exemptions (OMR) Yes Yes Yes Yes No[63] No Yes[54] Yes Yes
 Guadeloupe With exemptions (OMR) Yes Yes Yes Yes No[63] No Yes[54] Yes Yes
 Saint Barthélemy With exemptions (OMR)[8][64][65] Yes Yes Yes Yes No[63] No Yes[54] Yes Yes
 Saint Martin With exemptions (OMR)[64] Yes Yes Yes Yes No[63] No Yes[54] Yes Yes
 Mayotte Minimal (OCT) Yes Yes Yes Yes No No No[54] Partial[59] Yes[66]
 Saint Pierre and Miquelon Minimal (OCT) Yes Yes Yes Yes No No No[54] Partial[59] Yes[66]
 Wallis and Futuna Minimal (OCT) Yes Yes Yes Yes No No No[54] Partial[59] XPF is pegged to Euro
 French Polynesia Minimal (OCT) Yes Yes Yes Yes No No No[54] Partial[59] XPF is pegged to Euro
 New Caledonia Minimal (OCT) Yes Yes Yes Yes No No No[54] Partial[59] XPF is pegged to Euro
 French Southern and Antarctic Lands Minimal (OCT) Yes Yes Yes No No No No[54] Partial[59] Yes[67]
France Clipperton Island Yes[67][68] Yes[citation needed] Yes Yes No No[63] Yes[67][68] Yes[67][68] Yes[67][68] Yes[67][68]
 Germany, except: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Wappen Buesingen am Hochrhein.pngBüsingen am Hochrhein Yes Yes Yes Yes Yes Yes[69] No No[54] Yes Yes
Flag of Helgoland.svgHeligoland Yes Yes Yes Yes Yes Yes No No[54] Yes Yes
 Greece, except: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Flag of the Greek Orthodox Church.svg Mount Athos Yes Yes Yes Yes Yes Yes No Yes[54] Yes Yes
 Italy, except: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Italy Livigno Yes Yes Yes Yes Yes Yes No No[54] Yes Yes
Campione d'Italia Yes Yes Yes Yes Yes Yes[69] No No[54] Yes No, CHF[24]
Kingdom of the Netherlands Netherlands, except: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
 Aruba Minimal (OCT) No Unsure[45][60] Yes Yes No[63] No No[3] Partial[59] No, AWG
Bonaire Bonaire Minimal (OCT) No No[70] Yes Yes No[63] No No[3] Partial[59] No, USD[71]
Curaçao Curaçao Minimal (OCT) No No[72] Yes Yes No[63] No No[3] Partial[59] No, ANG[73]
Saba Saba Minimal (OCT) No No[70] Yes Yes No[63] No No[3] Partial[59] No, USD[71]
Sint Eustatius Sint Eustatius Minimal (OCT) No No[70] Yes Yes No[63] No No[3] Partial[59] No, USD[71]
Sint Maarten Sint Maarten Minimal (OCT) No No[72] Yes Yes No[63] No No[3] Partial[59] No, ANG[73]
 Portugal, except: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
 Azores With exemptions (OMR) Yes Yes Yes Yes Yes Yes Yes Yes Yes
 Madeira With exemptions (OMR) Yes Yes Yes Yes Yes Yes Yes Yes Yes
 Spain, except: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
 Canary Islands With exemptions (OMR) Yes Yes Yes Yes Yes No Yes Yes Yes
 Ceuta With exemptions
[citation needed]
Yes Yes Yes Yes No[74] No No Minimal (FTA)[75] Yes
 Melilla With exemptions
[citation needed]
Yes Yes Yes Yes No[74] No No Minimal (FTA)[75] Yes
Spain Plazas de soberanía,
other than Ceuta and Melilla
Yes[76] Yes[citation needed] Yes Yes No Yes Yes[76] Yes[76] Yes[76] Yes[76]
 United Kingdom, except: Yes[57] Yes Yes Yes Yes Police and judicial cooperation only[77] Yes Yes Yes No, GBP
 Gibraltar With exemptions[78] Yes[78] Yes[60] Yes[79] Yes Police and judicial cooperation only[77] No No With exemptions No, GIP
United Kingdom Akrotiri and Dhekelia With exemptions[80] Yes[81] No[60] No No Set to implement later[82][citation needed] Yes[83] Yes[3] With exemptions
[citation needed]
Yes[84]
 Saint Helena, Ascension and Tristan da Cunha Minimal (OCT) Yes[85] Yes[60][86] Yes No No No No Partial[59] No, SHP
 Pitcairn Islands Minimal (OCT) Yes[87] Yes[60][86] Yes No No No No Partial[59] No, NZD
 Falkland Islands Minimal (OCT) No Yes[60][86] Yes No No No No Partial[59] No, FKP
 South Georgia and the South Sandwich Islands Minimal (OCT) No Yes[60][86] Yes No No No No Partial[59] No, GBP
 British Antarctic Territory Minimal (OCT) No Yes[60][86] Yes No No No No Partial[59] No, GBP[88]
 British Indian Ocean Territory Minimal (OCT) No Yes[60][86] Yes No No No No Partial[59] No, GBP, USD[89]
 Anguilla Minimal (OCT) No Yes[60][86] Yes No No No No Partial[59] No, XCD
 Montserrat Minimal (OCT) No Yes[60][86] Yes No No No No Partial[59] No, XCD
 British Virgin Islands Minimal (OCT) No Yes[60][86] Yes No No No No Partial[59] No, USD
 Turks and Caicos Islands Minimal (OCT) No Yes[60][86] Yes No No No No Partial[59] No, USD
 Cayman Islands Minimal (OCT) No Yes[60][86] Yes No No No No Partial[59] No, KYD
 Bermuda Minimal[11][86] No Yes[60][86] Yes No No No No Partial[59] No, BMD
 Isle of Man Partial[90] Yes[91] Partial[60][90] Partial[92] No No[77] Yes[83] Yes[3] Minimal (FTA)[93] No, GBP
 Guernsey together with dependencies  Alderney,  Herm and  Sark Partial[90] Yes[94] Partial[60][90] Partial[92] No No[77] No[83] Yes[3] Minimal (FTA)[93] No, GBP
 Jersey Partial[90] Yes[95] Partial[60][90] Partial[92] No No[77] No[83] Yes[3] Minimal (FTA)[93] No, GBP
Member states and
sovereign territories
Application of
EU law
Enforceable in local courts?
EURATOM?
EU citizenship?
EU elections?
Schengen area?
EU VAT area?
EU customs territory?
EU
single market?
Eurozone?

Legend for the "Application of EU law" column:   [Full or with exemptions.[96]] — [Partial] — [Minimal or none. Not part of the EU.]

See also

External links

Footnotes

  1. ^ Article 349 (ex Article 299(2)) of the Treaty on the Functioning of the European Union.
  2. ^ a b c d e f g h i Article 6 of Council Directive 2006/112/EC of 28 November 2006 (as amended) on the common system of value added tax (OJ L 347, 11.12.2006, p. 1) Eur-lex.europa.eu.
  3. ^ a b c d e f g h i j k l Article 3(1) of Council Regulation 2913/92/EEC of 12 October 1992 establishing the Community Customs Code (as amended) (OJ L 302, 19.10.1992, p. 1-50) Eur-lex.europa.eu.
  4. ^ Cannuel, Elise (31 March 2011). "EU shores spread to Indian Ocean island". Deutsche Weller. http://www.dw-world.de/dw/article/0,,14957924,00.html. Retrieved 6 July 2011. 
  5. ^ Rapport d'information n° 329 (2004-2005) de MM. Jean-Jacques Hyest, Christian Cointat et Simon Sutour, fait au nom de la commission des lois, déposé le 10 mai 2005. (French)
  6. ^ "Guidelines on Trading with the European Community (EC)". January 2008. http://www.eeas.europa.eu/blood_diamonds/docs/trading_guidelines0108_en.pdf. Retrieved 26 July 2011. 
  7. ^ a b See Articles 349 and 355 of the Treaty on the Functioning of the European Union.
  8. ^ a b AFP (29 October 2010). "La collectivité de Saint-Barthélémy obtient un nouveau statut européen" (in French). Ministère de l’Outre-Mer. http://www.outre-mer.gouv.fr/?la-collectivite-de-saint-barthelemy-obtient-un-nouveau-statut.html. Retrieved 8 April 2011. 
  9. ^ See Article 355(6) of the Treaty on the Functioning of the European Union. The relevant decision of the European Council was made on the 29 October 2010 [1].
  10. ^ Council Decision of 27 November 2001 on the association of the overseas countries and territories with the European Community ("Overseas Association Decision") (2001/822/EC).
  11. ^ a b Recital 22, Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (OJ L 314, 30.11.2001, p. 1-77).
  12. ^ Council Decision 1999/95/EC of 31 December 1998 concerning the monetary arrangements in the French territorial communities of Saint-Pierre-et-Miquelon and Mayotte (OJ L 30, 4.2.1999, p. 29-30).
  13. ^ "Mayotte deviendra le 101e département français en 2011" (in French). Portail du Gouvernement. République Française. 2010-11-26. http://www.gouvernement.fr/gouvernement/mayotte-deviendra-le-101e-departement-francais-en-2011. Retrieved 2011-04-08. 
  14. ^ "Mayotte devient le 101e département français" (in French). Portail du Gouvernement. République Française. 2011-04-04. http://www.gouvernement.fr/gouvernement/mayotte-devient-le-101e-departement-francais. Retrieved 2011-04-08. "A l'échelle européenne, pour Mayotte, la transformation en région ultrapériphérique est attendue comme une source essentielle de développement économique et social." 
  15. ^ Euractiv.fr (2011-04-07). "Mayotte pourrait bénéficier des fonds européens" (in French). LaGazette.fr. http://www.lagazettedescommunes.com/61961/mayotte-pourrait-beneficier-des-fonds-europeens/. Retrieved 2011-04-08. 
  16. ^ "French Southern and Antarctic Lands". The Central Intelligence Agency. https://www.cia.gov/library/publications/the-world-factbook/geos/fs.html. Retrieved 8 February 2010. 
  17. ^ Art. 9, Loi n° 55-1052 du 6 août 1955 modifiée portant statut des Terres australes et antarctiques françaises et de l'île de Clipperton.
    Décret du 31 janvier 2008 relatif à l'administration de l'île de Clipperton.
  18. ^ TREATY ESTABLISHING THE EEC - PROTOCOL ON THE APPLICATION OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY TO THE NON-EUROPEAN PARTS OF THE KINGDOM OF THE NETHERLANDS

    The High Contracting Parties,

    Anxious, at the time of signature of the Treaty establishing the European Economic Community, to define the scope of the provisions of Article 227 of this Treaty in respect of the Kingdom of the Netherlands,

    Have agreed upon the following provisions, which shall be annexed to this Treaty:

    The Government of the Kingdom of the Netherlands, by reason of the constitutional structure of the Kingdom resulting from the Statute of 29 December 1954, shall, by way of derogation from Article 227, be entitled to ratify the Treaty on behalf of the Kingdom in Europe and Netherlands New Guinea only.

    Done at Rome this twenty-fifth day of March in the year one thousand nine hundred and fifty-seven.

    Source

  19. ^ a b Judgments of the Court in Cases C-145/04 and C-300/04: Kingdom of Spain v United Kingdom of Great Britain and Northern Ireland, and M.G. Eman and O.B. Sevinger v College van burgemeester en wethouders van Den Haag [2]
  20. ^ Ikregeer.nl - Regels met betrekking tot de openbare lichamen Bonaire, Sint Eustatius en Saba (Wet openbare lichamen Bonaire, Sint Eustatius en Saba); verslag
  21. ^ Protocol 2 (on the Åland Islands) of the Finnish accession treaty (OJ C 241, 29.08.1994) [3].
  22. ^ Treaty of 23 November 1964 between the Federal Republic of Germany and the Swiss Confederation on the inclusion of the commune of Büsingen am Hochrhein in the customs territory of the Swiss Confederation, as referred to in Article 3(1) of Council Regulation 2913/92/EEC of 12 October 1992 establishing the Community Customs Code (as amended) (OJ L 302, 19.10.1992, p. 1-50) [4].
  23. ^ German Wikipedia about Büsingen am Hochrhein
  24. ^ a b "Comune di Campione d'Italia" (Italian). http://www.comune.campione-d-italia.co.it/. Retrieved 2009-01-12.  "... pur essendo territorio italiano Campione è doganalmente ed economicamente svizzero. Così pure la moneta e la rete telefonica. ("... although essentially Italian territory, Campione is customs-wise and economically Swiss. Also the currency and the telephone network.")
  25. ^ s 1 of the British Nationality Act 1981 grants citizenship to (most) people born in the 'United Kingdom'. s 50 of the Act defines the 'United Kingdom' to include the Channel Islands and the Isle of Man
  26. ^ Protocol 3 of the United Kingdom's succession treaty to the EU (OJ L 73, 27.03.1972).
  27. ^ a b Protocol 10 to the Treaty of Accession 2003 (OJ L 236, 23.9.2003, p. 955).
  28. ^ See Article 299(6)(b) of the Consolidated Treaty establishing the European Community as amended by the Nice Treaty. [5]
  29. ^ Protocol 3 to the Treaty of Accession 2003 (OJ L 236, 23.9.2003, p. 955).
  30. ^ a b British Overseas Territories Act 2002.
  31. ^ "UNFICYP – Civil Affairs". United Nations Peacekeeping Force in Cyprus. 2008. http://www.unficyp.org/nqcontent.cfm?a_id=1416&tt=graphic&lang=l1. Retrieved 2008-11-15. 
  32. ^ Council Regulation (EC) No 866/2004 of 29 April 2004 on a regime under Article 2 of Protocol No 10 of the Act of Accession. Council Regulation (EC) No 293/2005 of 17 February 2005 amending Regulation (EC) No 866/2004 on a regime under Article 2 of Protocol 10 to the Act of Accession as regards agriculture and facilities for persons crossing the line.
  33. ^ See Article 4 of the Faroe Islands Protocol, 355(5)(a) of the Treaty on the Functioning of the European Union and Article of the Treaty on European Union (as amended).
  34. ^ [6]
  35. ^ Act concerning the conditions of accession of the UK, Ireland and Denmark to the European Communities, Art. 28
  36. ^ See Article 5(2) of 2000/365/EC: Council Decision of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
  37. ^ Declaration 55 appended to the Treaty on European Union
  38. ^ "Monks see Schengen as Devil's work". British Broadcasting Corporation. 26 October 1997. http://news.bbc.co.uk/2/hi/europe/13520.stm. Retrieved 2007-10-14. 
  39. ^ The Greek accession treaty does not specifically exclude Mount Athos from the Convention's territorial scope.
  40. ^ Joint Declaration No. 5 attached to the Final Act of the accession treaty.
  41. ^ a b c d e f g h i European Coal and Steel Community Treaty, Art.79: Each High Contracting Party binds itself to extend to the other Member States the preferential measures which it enjoys with respect to coal and steel in the non-European territories subject to its jurisdiction
  42. ^ a b c d e f g h i j k l m n o p q r s t u v Annex IV: Overseas countries and territories
  43. ^ Up to 1 September 1962 no Community treaty applied there, besides ECSC preferences. Between that date and 16 July 1976 Suriname was with OCT status.
  44. ^ "The provisions of Part Four of the Treaty were applied to Surinam, by virtue of a Supplementary Act of the Kingdom of the Netherlands (page29) to complete its instrument of ratification, from 1 September 1962 to 16 July 1976.", in: eur-lex.europa.eu - Treaty establishing the European Community (consolidated version) - Text of the Treaty
  45. ^ a b See the Protocol on the application of the Treaty establishing the European Atomic Energy Community to the non European parts of the Kingdom of the Netherlands and Act ratifying the EAEC Treaty in the Netherlands. The protocol on non-application of EURATOM by derogation was abrogated by Article 8 (III) of the Treaty of Amsterdam, which entered into force in 1999, but there is no evidence that the EURATOM treaty was ever extended to other countries within the Kingdom (now: Aruba, Curaçao, and Sint Maarten, formerly: the Netherlands Antilles and Suriname).
  46. ^ European Economic Community Treaty, Art 227
  47. ^ a b c d e f g h i j k l m 1973 revision of ANNEX IV
  48. ^ a b According to Art.227 (EEC) and Art.198 (EURATOM) these Treaties shall not apply to those overseas countries and territories having special relations with the United Kingdom of Great Britain and Northern Ireland which are not listed in Annex IV to the EEC Treaty. Zimbabwe and Hong Kong are not listed in the annex.
  49. ^ New Hebrides had ECSC preferences and EURATOM application 1952-1973 stemming from the French-administration in the territory, from 1973-1980 from both the French and British administrations, no EEC law applied 1958-1973, EEC OCT status 1973-1980
  50. ^ Art.198 of the EURATOM Treaty states that the treaty applies to non European territories under jurisdiction of Member States. So far there is no reference for Macau exclusion, thus considering it included between 1986-1999.
  51. ^ When Portugal became a Community member in 1986 East Timor was considered a non-self-governing-territory under Portuguese administration by the United Nations despite Indonesian occupation of East Timor between 1975-1999. None of the EC laws were ever in force, but EURATOM and ECSC preferences were to apply if not for the Indonesian occupation. The de jure Portuguese administration formally ceased on 20 May 2002 when Portugal recognised East Timor's independence.
  52. ^ European Coal and Steel Community Treaty, Art.79
  53. ^ Unitl the unification of Germany in 1990 the de jure status of West Berlin was that of French, UK and US occupied zones with West German civilian administration. The treaties applied fully during 1952-1990 over the West German and French responsibilities European Coal and Steel Community Treaty, Art.79, and during 1973-1990 over the UK responsibilities.[7][clarification needed] For the 1979, 1984 and 1989 European Parliaments, three MEPs were appointed on the nomination of the Berlin House of Representatives rather than being directly elected. From 3 October 1990 West Berlin was fully integrated in the Federal Republic of Germany along with East Germany.
  54. ^ a b c d e f g h i j k l m n o p q r s t u The customs and fiscal territories of the European Community
  55. ^ Direct Trade Regulation proposal, not yet implemented
  56. ^ HM Revenue & Customs - the single market
  57. ^ a b Opt-outs in force for some treaty provisions and legislations
  58. ^ Application only between 1973 and 1985
  59. ^ a b c d e f g h i j k l m n o p q r s t u v w x y Treaty Establishing the European Community, part four
  60. ^ a b c d e f g h i j k l m n o p q r s EURATOM Treaty Art.198d
  61. ^ Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands
  62. ^ Aland declaration of participation
  63. ^ a b c d e f g h i j k l m Schengen Borders Code Article (21)
  64. ^ a b "Treaty of Lisbon, Article 2, points 287 and 293". http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2007:306:0042:0133:EN:PDF. Retrieved 2008-01-31. 
  65. ^ Saint Barthélemy to change status from OMR to OCT on 1 January 2012.
  66. ^ a b Agreements concerning the French territorial communities
  67. ^ a b c d e f Art. 1-1-6°, Loi n°55-1052 du 6 août 1955 portant statut des Terres australes et antarctiques françaises et de l'île de Clipperton.
  68. ^ a b c d e 'Clipperton is placed under the direct authority of the Government. The laws and payments are applicable full in Clipperton.'
  69. ^ a b Together with Switzerland
  70. ^ a b c Inherited status as non-member from the Netherlands Antilles, just as Sint Maarten and Curaçao
  71. ^ a b c Article 16 of the law on the monetary system BES Dutch: Wet geldstelsel BES stipulates the use of the Netherlands Antillean guilder as official tender until the official introduction of the US Dollar, probably on 1-1-2011.
  72. ^ a b "Rijkswet aanpassing rijkswetten, nr. 3 MEMORIE VAN TOELICHTING" (in Dutch). https://zoek.officielebekendmakingen.nl/kst-32186-3.html?zoekcriteria=%3fzkt%3dUitgebreid%26pst%3dParlementaireDocumenten%26vrt%3deuratom%2bbonaire%26zkd%3dInDeGeheleText%26dpr%3dAlle%26sdt%3dDatumPublicatie%26ap%3d%26pnr%3d1%26rpp%3d10&resultIndex=3&sorttype=1&sortorder=4. Retrieved 6 November 2010. "(...) van het Verdrag tot oprichting van de Europese Gemeenschap voor Atoomenergie (Euratom) (Tr. 1957, 92). Dit verdrag geldt niet voor Curaçao en Sint Maarten." 
  73. ^ a b The Netherlands Antillean guilder will be replaced by the Caribbean guilder, possibly on 1-1-2012
  74. ^ a b Declaration on the towns of Ceuta and Melilla regarding Schengen
  75. ^ a b Protocol 2 concerning Ceuta and Melilla to the Treaty of Accession of Spain and Portugal
  76. ^ a b c d e As part of Spain, the Plazas de soberanía are also part of the European Union. Administered directly by the Spanish Government.
  77. ^ a b c d e Council Decision of 29 May 2000 concerning the request of the United Kingdom, Council Decision of 22 December 2004 on the putting the request into effect Article 5(2) states that Police and Judicial Co-operation measures should apply to Gibraltar. Article 5(1) states that the UK should make additional notification about the measures that would apply to the Channel Islands and the Isle of Man. No such notification is made so far.[citation needed]
  78. ^ a b Consolidated version of the European Communities Act (1972-18) (Gib.), as amended up to September 2009 contains detailed list of exemptions. For the enforceability of EU law in local courts see s. 3.
  79. ^ Denise Matthews Case 1999
  80. ^ Treaty of Accession 2003, protocol 3
  81. ^ European Communities (Protocol Measures) Ordinance 2004 (11/2004) (SBAs), s.3. [8]
  82. ^ Together with Cyprus
  83. ^ a b c d Council directive on the common system of value added tax
  84. ^ By the third protocol to the Cyprus adhesion Treaty to EU and British local ordinance (see [9]).
  85. ^ European Communities Act 1972 (UK), s.2 - applied to Saint Helena and Dependencies by local ordinance.
  86. ^ a b c d e f g h i j k l m EEC Treaty - OCT Annex
  87. ^ European Communities Act 1972 (UK), s.2 - applied to Pitcairn by Judicature (Courts) Ordinance 1999 (c.2) (Pitcairn).
  88. ^ Since several countries have bases, the currency of the home country of each base is probably[citation needed] used.
  89. ^ Both USD and GBP are accepted in the British Indian Ocean Territory; see the CIA's World Factbook.
  90. ^ a b c d e f Protocol No 3 on the Channel Islands and the Isle of Man to the Act of Accession 1972
  91. ^ European Communities Act 1972 (I.O.M.)
  92. ^ a b c See Guernsey passport, Jersey passport, Manx passport and above.
  93. ^ a b c Crown dependencies' Relationship with the European Union
  94. ^ European Communities (Guernsey) Law 1972
  95. ^ European Communities (Jersey) Law 1973
  96. ^ Part of the EU

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