Special Member State territories and the European Union: Wikis

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Map of European Union in the world      European Union      Outermost regions      Overseas countries and territories

As of 2007 the European Union has 27 Member States, most of which participate in all EU policy areas and programmes or have signed up to do so. However EU law does not always apply evenly to all of the territory of all of the Member States. Many Member States have special territories which for either historical, geographical or political reasons have differing relationships with their national governments—and consequently also the European Union—than the rest of the Member State's territory. Many of these special territories don't participate in all or any EU policy areas and programs. Some have no official relationship with the EU while others participate in EU programmes in line with the provisions of European Union directives, regulations or protocols attached to the European Union treaties.

Contents

Outermost regions

The outermost regions are seven regions of EU Member States which are part of the EU. However according to the EC Treaty there might be some exceptions, the European Union law applies 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].

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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.

Canary Islands

The Canary Islands are a group of Spanish islands off the African coast. They are outside the European Union Value Added Tax Area[2] (because of their low VAT, 5%) but otherwise EU law applies in its totality.

French overseas departments

French Guiana, Guadeloupe, Martinique and Réunion are French Overseas departments and 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]

Overseas countries and territories

The overseas countries and territories 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.[4] They were invited to form association agreements with the EU and may opt-in to EU provisions on freedom of movement for workers (Article 186) and freedom of establishment (Article 183(5)). They are not subject to the EU's common external tariff (Article 184(1)) but may claim customs on goods imported from the EU on a non-discriminatory basis (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, namely:

These are counted as Overseas Countries and Territories under the Treaty of Rome; however, Bermuda has chosen not to take advantage of this status.[5]

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. This includes the former inhabitants of the British Indian Ocean Territory, who were forcibly removed in the 1970s to make way for an American military base.

South Georgia and the South Sandwich Islands and the British Antarctic Territory have no permanent population, although the former has potentially valuable fish resources.

French overseas collectivities and New Caledonia

Mayotte, 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 and Saint-Pierre and Miquelon are both part of the Eurozone,[6] 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.

The uninhabited French Southern and Antarctic Lands (which now includes the French Scattered Islands in the Indian Ocean) and Clipperton Island have sui generis statuses within France.[7] Both have had OCT status within the European Community since the Treaty of Rome, Clipperton Island as part of the "French Settlements in Oceania", and both now (formally) use the euro as their currency.

Saint Barthélemy and Saint Martin

On 22 February 2007, Saint Barthélemy and Saint Martin were broken away from the overseas department of Guadeloupe to be formed into two new overseas collectivities. As a consequence their status is not currently mentioned in the treaties and their current status is ambiguous

A French parliamentary report noted that Saint Barthélemy would probably have to change from being an "outermost region" to OCT status,[8] and that changes to the treaties might have to be sought by the French government and the two new collectivities. Documents from the European Commission already list both territories as not part of the European Community,[9] although the Treaty of Lisbon mentions them explicitly as outermost regions.[10]

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) before they voted to leave in 1982. Greenlanders are, nonetheless, full European Union citizens owing to their Danish citizenship.

Netherlands Antilles and Aruba

The Netherlands Antilles and Aruba are autonomous parts of the Kingdom of the Netherlands. They are excluded from the operation of EU law by reason of a protocol attached to the Treaty of Rome, but they are 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 Netherlands Antilles and Aruba, were entitled to vote in the Dutch elections to the European Parliament.[11]

The Netherlands Antilles are currently in a phase of reform: on 15 December 2008, the Netherlands Antilles was planned to be dissolved (but now postponed to an undetermined date) and replaced by the two overseas autonomous countries of Curaçao and Sint Maarten on the one hand, and the three Dutch municipalities of Bonaire, Saba and Sint Eustatius on the other hand. The latter three will have to apply most of Dutch law and could then opt to become an outermost region of the EU if they so wished. On 1 September 2009, Saba announced it withdrew from the Netherlands Antilles effectively immediately.[12 ] However, according to Dutch State Secretary Bijleveld for Kingdom Relations, it is at this moment not legally possible for Saba to become independent from the Antilles.[13]

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 states 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.[14]

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.[15] 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.[16]

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.[17]

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.[18] 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.[19]

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.[20] 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 (Article 299(6)(b)). 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.[21] 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.[22] 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 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".[23] Article 2.1 of the Cyprus Protocol[20] allows the European Council to determine to what extent the provisions of EU law apply in the buffer zone.[24]

Faroe Islands

The Faroe Islands are not part of the EU, and Danish nationals residing in the Faroe Islands, and who hold a Faroese-Danish passport (modeled on the pre-EU green Danish passports) are not to be considered as nationals of a Member State within the meaning of the treaties or, consequently, citizens of the European Union. Danish nationals residing in the Faroe Islands, and who hold a regular Danish passport are considered Danish nationals, and thus nationals of a Member State. One of the curious upshots of this is that the citizens can choose which passport they prefer, and thus switch between being EU or non-EU nationals.

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 with the United Kingdom in 1973. 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.[25] As a separate jurisdiction to the UK the Gibraltar Parliament transposes EU directives 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 enjoyed European Union citizenship from its creation in the Maastricht Treaty. All Gibraltarians have since been granted full British citizenship.[22]

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.[11]

The Schengen police cooperation rules apply in Gibraltar, although Gibraltar does not form part of the control-free travel area, and border checks are still performed at the border between Gibraltar and Spain.[26]

Heligoland

Heligoland is a German island situated 70 km (44 miles) 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,[27] 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.[28] A declaration attached to Greece's accession treaty to Schengen Agreements states that Mount Athos's "special status" should be taken into account in the application of the Schengen rules.[29]

Saimaa Canal and Malyj Vysotskij Island

Finland leases the Russian part of the Saimaa Canal and the island of Malyj Vysotskij from Russia. The area is not part of the EU; it is a special part of Russia. 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 terrritory then.

These were:

  • Cambodia (gained independence from France in 1953), no Community treaty applied there, besides ECSC preferences[30]
  • Laos (gained independence from France in 1954), no Community treaty applied there, besides ECSC preferences[30]
  • Vietnam (gained independence from France in 1954), no Community treaty applied there, besides ECSC preferences[30]
  • Tunis (gained independence from France in 1956), no Community treaty applied there, besides ECSC preferences[30]
  • Morocco (gained independence from France in 1956), no Community treaty applied there, besides ECSC preferences[30]
  • Saar (merged with West Germany on 1.1.1957), was fully part of the Community as French-administered European territory [31]
  • Guinea (gained independence from France in 1958), was with OCT status[32]
  • 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[32]
  • Togo (gained independence from France in 1960), was with OCT status[32]
  • Mali (gained independence from France in 1960), was with OCT status[32]
  • Senegal (gained independence from France in 1960), was with OCT status[32]
  • Madagascar (gained independence from France in 1960), was with OCT status[32]
  • DR Congo (gained independence from Belgium in 1960), was with OCT status[32]
  • Somalia (Italian-administered part gained independence from Italy in 1960 along with UK-administered part); was with OCT status for the Italian part[32]
  • Benin (gained independence from France in 1960), was with OCT status[32]
  • Niger (gained independence from France in 1960), was with OCT status[32]
  • Burkina Faso (gained independence from France in 1960), was with OCT status[32]
  • Ivory Coast (gained independence from France in 1960), was with OCT status[32]
  • Chad (gained independence from France in 1960), was with OCT status[32]
  • Central African Republic (gained independence from France in 1960), was with OCT status[32]
  • Congo (gained independence from France in 1960), was with OCT status[32]
  • Gabon (gained independence from France in 1960), was with OCT status[32]
  • Mauritania (gained independence from France in 1960), was with OCT status[32]
  • Burundi (gained independence from Belgium in 1962), was with OCT status[32]
  • Rwanda (gained independence from Belgium in 1962), was with OCT status[32]
  • Netherlands New Guinea (transferred from Netherlands to UN in 1962, later merged with Indonesia), was with OCT status[32]
  • Netherlands Guiana (gained independence from Netherlands in 1975 as Suriname), no Community treaty applied there, besides ECSC preferences[30], EURATOM did not apply[33], EEC did not apply[34]
  • Algeria (gained independence from France in 1962), was with status similar to OMR[35]
  • Bahamas (gained independence from UK in 1973), was with OCT status[36]
  • Grenada (gained independence from UK in 1973), was with OCT status[36]
  • Comoros (gained independence from France in 1962), was with OCT status[32]
  • Seychelles (gained independence from UK in 1976), was with OCT status[36]
  • French Somaliland (gained independence from France as Djibouti in 1977), was with OCT status[32]
  • Solomon Islands (gained independence from UK in 1976), was with OCT status[36]
  • Tuvalu (gained independence from UK in 1978), was with OCT status[36]
  • Dominica (gained independence from UK in 1978), was with OCT status[36]
  • Saint Lucia (gained independence from UK in 1979), was with OCT status[36]
  • Kiribati (gained independence from UK in 1979), was with OCT status[36]
  • Saint Vincent and the Grenadines (gained independence from UK in 1979), was with OCT status[36]
  • Zimbabwe (gained independence from UK in 1980), no Community treaty applied there, besides ECSC preferences[30][37]
  • Vanuatu (gained independence from UK and France in 1980), generally was with OCT status [38]
  • Belize (gained independence from UK in 1981), was with OCT status[36]
  • Antigua and Barbuda (gained independence from UK in 1981), was with OCT status[36]
  • Saint Kitts and Nevis (gained independence from UK in 1983), was with OCT status[36]
  • Brunei (gained independence from UK in 1984), was with OCT status[36]
  • West Berlin (merged with West Germany on 3.10.1990), was with full application of the treaties[39]
  • Hong Kong (sovereignty transferred from the UK to the PRC in 1997), no Community treaty applied there[37], besides ECSC preferences[30]
  • Macau (sovereignty transferred from Portugal to the PRC in 1999), EURATOM was applicable[40], besides the ECSC preferences[30]
  • Timor-Leste (gained independence from UN in 2002), no Community treaty applied there [41]

Additionally in Europe there were such special territories in the past that had different status than their "mainland", because of various reasons (see also Saar and West Berlin above). 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.

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). 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 No No No Yes Yes
No No No[42] No[43] No, TRY
United Nations UN Buffer Zone  ?  ?  ? Yes Yes
 ? No[44]  ?  ? Unilaterally adopted
 Denmark, except: Yes[45] Yes Yes Yes Yes Yes Yes Yes Yes No, ERM II with DKK
 Greenland Minimal (OCT) Yes No[46] Yes No Partial No No[42] Partial[47] No, DKK
 Faroe Islands No No No[48] Partial No Partial No No[42] Minimal (FTA)[49] No, DKK
 Finland, except: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
 Åland Islands With exemptions Yes Yes[50] Yes Yes Yes No Yes[42] With exemptions Yes
 France (Metropolitan), except: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
 Réunion With exemptions (OMR) Yes Yes Yes Yes No[51] No Yes[42] Yes Yes
 French Guiana With exemptions (OMR) Yes Yes Yes Yes No[51] No Yes[42] Yes Yes
 Martinique With exemptions (OMR) Yes Yes Yes Yes No[51] No Yes[42] Yes Yes
 Guadeloupe With exemptions (OMR) Yes Yes Yes Yes No[51] No Yes[42] Yes Yes
 Saint Barthélemy With exemptions (OMR)[52] Yes Yes Yes Yes No[51] No Yes[42] Yes Yes
 Saint Martin With exemptions (OMR)[52] Yes Yes Yes Yes No[51] No Yes[42] Yes Yes
 Mayotte Minimal (OCT) Yes Yes Yes Yes No No No[42] Partial[47] Yes[53]
 Saint Pierre and Miquelon Minimal (OCT) Yes Yes Yes Yes No No No[42] Partial[47] Yes[53]
 Wallis and Futuna Minimal (OCT) Yes Yes Yes Yes No No No[42] Partial[47] No, XPF is pegged to Euro
 French Polynesia Minimal (OCT) Yes Yes Yes Yes No No No[42] Partial[47] No, XPF is pegged to Euro
 New Caledonia Minimal (OCT) Yes Yes Yes Yes No No No[42] Partial[47] No, XPF is pegged to Euro
 French Southern and Antarctic Lands Minimal (OCT) Yes Yes Yes No No No No[42] Partial[47] Yes[54]
France Clipperton Island Yes[54][55] Yes Yes Yes No No[51] Yes[54][55] Yes[54][55] Yes[54][55] Yes[54][55]
 Germany, except: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Büsingen am Hochrhein Yes Yes Yes Yes Yes Yes[56] No No[42] Yes Yes
Heligoland Yes Yes Yes Yes Yes Yes No No[42] Yes Yes
 Greece, except: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Mount Athos Yes Yes Yes Yes Yes Yes No Yes[42] Yes Yes
 Italy, except: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Italy Livigno Yes Yes Yes Yes Yes Yes No No[42] Yes Yes
Campione d'Italia Yes Yes Yes Yes Yes Yes[56] No No[42] Yes No, CHF[17]
 Netherlands, except: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
 Aruba Minimal (OCT) No No[33] Yes Yes No No No[3] Partial[47] No, AWG
 Netherlands Antilles Minimal (OCT) No No[33] Yes Yes No No No[3] Partial[47] No, ANG
 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
Yes Yes Yes Yes No[57] No No Minimal (FTA)[58] Yes
 Melilla With exemptions
Yes Yes Yes Yes No[57] No No Minimal (FTA)[58] Yes
Spain Plazas de soberanía,
other than Ceuta and Melilla
Yes[59] Yes Yes Yes No Yes Yes[59] Yes[59] Yes[59] Yes[59]
 United Kingdom, except: Yes[45] Yes Yes Yes Yes Police and judicial cooperation only Yes Yes Yes No, GBP
 Gibraltar With exemptions[60] Yes[60] Yes[48] Yes[61] Yes Police and judicial cooperation only No No With exemptions No, GIP
United Kingdom Akrotiri and Dhekelia With exemptions[62] Yes[63] No[48] No No Set to implement later[64] Yes[65] Yes[3] With exemptions
Unilaterally adopted
 Saint Helena together with dependencies United Kingdom Ascension Island and  Tristan da Cunha Minimal (OCT) Yes[66] Yes[48][67] Yes No No No No Partial[47] No, SHP
 Pitcairn Islands Minimal (OCT) Yes[68] Yes[48][67] Yes No No No No Partial[47] No, NZD
 Falkland Islands Minimal (OCT) No Yes[48][67] Yes No No No No Partial[47] No, FKP
 South Georgia and the South Sandwich Islands Minimal (OCT) No Yes[48][67] Yes No No No No Partial[47] No, GBP
 British Antarctic Territory Minimal (OCT) No Yes[48][67] Yes No No No No Partial[47] No, GBP[69]
 British Indian Ocean Territory Minimal (OCT) No Yes[48][67] Yes No No No No Partial[47] No, GBP, USD[70]
 Anguilla Minimal (OCT) No Yes[48][67] Yes No No No No Partial[47] No, XCD
 Montserrat Minimal (OCT) No Yes[48][67] Yes No No No No Partial[47] No, XCD
 British Virgin Islands Minimal (OCT) No Yes[48][67] Yes No No No No Partial[47] No, USD
 Turks and Caicos Islands Minimal (OCT) No Yes[48][67] Yes No No No No Partial[47] No, USD
 Cayman Islands Minimal (OCT) No Yes[48][67] Yes No No No No Partial[47] No, KYD
 Bermuda Minimal[5][67] No Yes[48][67] Yes No No No No Partial[47] No, BMD
 Isle of Man Minimal[71] Yes[72] Minimal[48] Partial No No Yes[65] Yes[3] Minimal (FTA)[73] No, GBP
 Guernsey together with dependencies  Alderney,  Herm and  Sark Minimal[71] Yes[74] Minimal[48] Partial No No No[65] Yes[3] Minimal (FTA)[73] No, GBP
 Jersey Minimal[71] Yes[75] Minimal[48] Partial No No No[65] Yes[3] Minimal (FTA)[73] 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?

See also

External links

Footnotes

  1. ^ Article 299(2) of the EC Treaty (= Article 349 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 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. ^ 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).
  5. ^ 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).
  6. ^ 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).
  7. ^ 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.
  8. ^ 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)
  9. ^ Ec.europa.eu
  10. ^ Article 349 of the Treaty on the functioning of the European Union (as amended and renamed by the Treaty of Lisbon).
  11. ^ 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 [1]
  12. ^ Saba stapt uit de Nederlandse Antillen
  13. ^ Telegraaf.nl (Dutch)
  14. ^ Protocol 2 (on the Åland Islands) of the Finnish accession treaty (OJ C 241, 29.08.1994) [2].
  15. ^ 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) [3].
  16. ^ German Wikipedia about Büsingen am Hochrhein
  17. ^ 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.")
  18. ^ 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
  19. ^ Protocol 3 of the United Kingdom's succession treaty to the EU (OJ L 73, 27.03.1972).
  20. ^ a b Protocol 10 to the Treaty of Accession 2003 (OJ L 236, 23.9.2003, p. 955).
  21. ^ Protocol 3 to the Treaty of Accession 2003 (OJ L 236, 23.9.2003, p. 955).
  22. ^ a b British Overseas Territories Act 2002.
  23. ^ "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.  
  24. ^ 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.
  25. ^ Act concerning the conditions of accession of the UK, Ireland and Denmark to the European Communities, Art. 28
  26. ^ 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
  27. ^ "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.  
  28. ^ The Greek accession treaty does not specifically exclude Mount Athos from the Convention's territorial scope.
  29. ^ Joint Declaration No. 5 attached to the Final Act of the accession treaty.
  30. ^ 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
  31. ^ European Coal and Steel Community Treaty, Art.79
  32. ^ 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
  33. ^ a b c 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
  34. ^ Suriname was not on the EEC OCT list.
  35. ^ European Economic Community Treaty, Art.227
  36. ^ a b c d e f g h i j k l m 1973 revision of ANNEX IV
  37. ^ 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.
  38. ^ 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
  39. ^ 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 responsibilitiesEuropean Coal and Steel Community Treaty, Art.79, and during 1973-1990 over the UK responsibilities.[4] From 3.10.1990 West Berlin was fully integrated in the Federal Republic of Germany along with East Germany.
  40. ^ 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.
  41. ^ 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 Portugese administration formally ceased on 20 May 2002 when Portugal recognised East Timor's independence.
  42. ^ 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
  43. ^ Direct Trade Regulation proposal, not yet implemented
  44. ^ HM Revenue & Customs - the single market
  45. ^ a b Opt-outs in force for some treaty provisions and legislations
  46. ^ Application only between 1973 and 1985
  47. ^ a b c d e f g h i j k l m n o p q r s t u Treaty Establishing the European Community, part four
  48. ^ a b c d e f g h i j k l m n o p q r EURATOM Treaty Art.198d
  49. ^ Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands
  50. ^ Aland declaration of participation
  51. ^ a b c d e f g Schengen Borders Code Article (21)
  52. ^ 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.  
  53. ^ a b Agreements concerning the French territorial communities
  54. ^ 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.
  55. ^ a b c d e 'Clipperton is placed under the direct authority of the Government. The laws and payments are applicable full in Clipperton.'
  56. ^ a b Together with Switzerland
  57. ^ a b Declaration on the towns of Ceuta and Melilla regarding Schengen
  58. ^ a b Protocol 2 concerning Ceuta and Melilla to the Treaty of Accession of Spain and Portugal
  59. ^ 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.
  60. ^ 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.
  61. ^ Denise Matthews Case 1999
  62. ^ Treaty of Accession 2003, protocol 3
  63. ^ European Communities (Protocol Measures) Ordinance 2004 (11/2004) (SBAs), s.3. [5]
  64. ^ Together with Cyprus
  65. ^ a b c d Council directive on the common system of value added tax
  66. ^ European Communities Act 1972 (UK), s.2 - applied to Saint Helena and Dependencies by local ordinance.
  67. ^ a b c d e f g h i j k l m EEC Treaty - OCT Annex
  68. ^ European Communities Act 1972 (UK), s.2 - applied to Pitcairn by Judicature (Courts) Ordinance 1999 (c.2) (Pitcairn).
  69. ^ Since several countries have bases, the currency of the home country of each base is probably used.
  70. ^ Both USD and GBP are accepted in the British Indian Ocean Territory; see the CIA's World Factbook.
  71. ^ a b c Protocol No 3 on the Channel Islands and the Isle of Man to the Act of Accession 1972
  72. ^ European Communities Act 1972 (I.O.M.)
  73. ^ a b c Crown dependencies' Relationship with the European Union
  74. ^ European Communities (Guernsey) Law 1972
  75. ^ European Communities (Jersey) Law 1973


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